LAKER01C18.DOC

COLLECTIVE AGREEMENT Between:

LAKERIDGE HEALTH (Social Work & Registered Respiratory Therapists)

(Hereinafter referred to as the “Employer") And:

ONTARIO NURSES' ASSOCIATION (Hereinafter referred to as the “Union")

Expiry Date: March 31, 2018

LAKER01C18.DOC

TABLE OF CONTENTS

ARTICLE 1 – PURPOSE ........................................................................................................... 1 ARTICLE 2 – DEFINITIONS ...................................................................................................... 1 ARTICLE 3 – RELATIONSHIP ................................................................................................... 2 ARTICLE 4 - NO STRIKE, NO LOCKOUT ................................................................................. 4 ARTICLE 5 - UNION SECURITY ............................................................................................... 4 ARTICLE 6 - REPRESENTATION AND COMMITTEES ............................................................ 5 ARTICLE 7 - GRIEVANCE PROCEDURE ................................................................................13 ARTICLE 8 - PROFESSIONAL RESPONSIBILITY ...................................................................17 ARTICLE 9 – PROFESSIONAL DEVELOPMENT .....................................................................18 ARTICLE 10 – SENIORITY .......................................................................................................21 ARTICLE 11 - LEAVES OF ABSENCE .....................................................................................35 ARTICLE 12 - SICK LEAVE AND LONG-TERM DISABILITY ...................................................45 ARTICLE 13 - HOURS OF WORK ............................................................................................46 ARTICLE 14 - PREMIUM PAYMENT ........................................................................................51 ARTICLE 15 - PAID HOLIDAYS ...............................................................................................56 ARTICLE 16 – VACATIONS .....................................................................................................57 ARTICLE 17 - HEALTH AND WELFARE BENEFITS ................................................................60 ARTICLE 18 – MISCELLANEOUS ............................................................................................64 ARTICLE 19 – COMPENSATION .............................................................................................66 ARTICLE 20 - JOB SHARING ...................................................................................................70 ARTICLE 21 – DURATION .......................................................................................................70 APPENDIX 1 .............................................................................................................................72 GRIEVANCE REPORT .............................................................................................................72 APPENDIX 2 .............................................................................................................................73 LETTER OF UNDERSTANDING ..............................................................................................77 Re: Grievance Commissioner System .....................................................................................77 Re: Expedited Ltd Dispute Resolution Process ........................................................................79 Re: OHA Early Retiree Dental Benefits ...................................................................................81 ARTICLE A – RECOGNITION ..................................................................................................83 ARTICLE B - MANAGEMENT RIGHTS ....................................................................................83 ARTICLE C - UNION SECURITY ..............................................................................................83 ARTICLE D - SCHEDULING .....................................................................................................85 ARTICLE E – VACATIONS ......................................................................................................99 ARTICLE F - PAID HOLIDAYS ............................................................................................... 100 ARTICLE G - BULLETIN BOARDS ......................................................................................... 101 ARTICLE H – SENIORITY ...................................................................................................... 101 ARTICLE I - JOB SHARING .................................................................................................... 101 ARTICLE J - PREPAID LEAVE ............................................................................................... 103 ARTICLE K – PARKING ......................................................................................................... 103 ARTICLE L - MODIFIED WORK AND HEALTH & SAFETY .................................................... 103 ARTICLE M – PAYCHEQUES ................................................................................................ 106 ARTICLE N - PREGNANCY/PARENTAL LEAVE .................................................................... 106 ARTICLE O - COLLECTIVE AGREEMENTS .......................................................................... 106 ARTICLE P - BCLS CERTIFICATE ......................................................................................... 106 ARTICLE Q - SITE TRANSFERS............................................................................................ 106 ARTICLE R – MISCELLANEOUS ........................................................................................... 107 ARTICLE S – ELECTRONIC GRIEVANCE FORMS ............................................................... 108 LETTER OF UNDERSTANDING ............................................................................................ 109 RE: Introduction of Individualized Rotor for Oshawa Respiratory Therapists in Respiratory

Routine ................................................................................................................................ 109 RE: Training and In-Service Around Aggressive Violent Behaviour ..................................... 110 Re: Assignment Changes For Social Workers ...................................................................... 111

- 1 -

LAKER01C18.DOC

ARTICLE 1 – PURPOSE 1.01 The general purpose of this Agreement is to establish and maintain collective

bargaining relations between the Employer and the employees covered by this Agreement; to provide for on-going means of communication between the Union and the Employer and the prompt disposition of grievances and the final settlement of disputes and to establish and maintain mutually satisfactory salaries, hours of work and other conditions of employment in accordance with the provisions of this Agreement.

1.02 It is recognized that employees wish to work together with the Employer to

secure the best possible care and health protection for patients/clients. Appropriate committees have been created under this Agreement to work towards this objective.

1.03 The Employer shall not propose and/or enter into any agreement with an

employee that pertains to any terms or conditions of employment that contravene the collective agreement. Any such agreement shall be null and void.

ARTICLE 2 – DEFINITIONS 2.01 A Registered Respiratory Therapist holds a Certificate of Registration with the

College of Respiratory Therapists of Ontario in accordance with the Regulated Health Professions Act, and the Respiratory Therapy Act.

2.02 A Social Worker is an employee who holds a Certificate of Registration with the

College of Social Work and Social Service Work of Ontario in accordance with the Social Work and Social Service Work Act.

2.03 A graduate Respiratory Therapist has met all academic requirements but has not

yet successfully completed the examination or evaluation approved by the College. A Respiratory Therapist who holds a Graduate certificate of registration must use the title of Graduate Respiratory Therapist or GRT.

If the employee fails to obtain her or his General Certificate of Registration prior

to expiry of her or his Graduate Certificate of Registration, she/he will be deemed to not be qualified for the position of Registered Respiratory Therapist, and she/he will be terminated from the employ of the Employer. Such termination will not be subject of a grievance or arbitration.

2.04 A full-time employee is an employee who is regularly scheduled to work the

normal full-time hours referred to in Article 13. 2.05 A regular part-time employee is an employee who regularly works less than the

normal full-time hours referred to in Article 13 and who offers to make a commitment to be available for work on a regular predetermined basis. All other part-time employees shall be considered casual employees. The predetermined basis upon which the commitment to be available is made shall be determined in local negotiations.

- 2 -

LAKER01C18.DOC

The definitions shall not have the effect of changing the composition of any existing bargaining units. The Employer shall not refuse to accept an offer from an employee to make a commitment to be available for work on a regular predetermined basis solely for the purpose of utilizing casual employees so as to restrict the number of regular part-time employees.

2.06 This combined agreement contains provisions applicable to full time employees

and provisions applicable to part time employees. The combination of the agreements shall not have the effect of changing the composition of any existing bargaining units nor shall it have the effect of conferring representation rights where such rights do not presently exist. The scope of the applicable bargaining unit is set out in the Appendix of Local Provisions.

ARTICLE 3 – RELATIONSHIP The parties agree that a safe workplace, free of violence and harassment, is a fundamental principle of a healthy workplace. Commitment to a healthy workplace requires a high degree of cooperation between employers, employees, physicians, and the Union. Employees should feel empowered to report incidents of disruptive behaviour, including physician behaviour, without fear of retaliation. The parties are both committed to a harassment free environment and recognize the importance of addressing discrimination and harassment issues in a timely and effective manner as set out below: 3.01 The Employer and the Union agree that there will be no discrimination,

interference, intimidation, restriction or coercion exercised or practiced by any of their representatives with respect to any employee because of the employee's membership or non-membership in the Union or activity or lack of activity on behalf of the Union or by reason of exercising her or his rights under the Collective Agreement.

3.02 The Union agrees there will be no Union activity, solicitation for membership, or

collection of Union dues on Employer premises or during working hours except with the written permission of the Employer or as specifically provided for in this Agreement.

3.03 It is agreed that there will be no discrimination by either party or by any of the

nurses covered by this Agreement on the basis of race, creed, colour, ethnic origin, place or origin, sex, sexual orientation, marital status, family status, age, ancestry, citizenship, disability, gender identity, gender expression, record of offences, or any other factor which is not pertinent to the employment relationship. ref: Ontario Human Rights Code.

3.04 Harassment and Discrimination The parties are both committed to a harassment free environment and recognize

the importance of addressing discrimination and harassment issues in a timely and effective manner as set out below:

(a) "Every person who is an employee has a right to freedom from

harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status,

- 3 -

LAKER01C18.DOC

family status, gender identity, gender expression or handicap". ref: Ontario Human Rights Code, Sec. 5 (2)

(b) "Every person who is an employee has a right to freedom from

harassment in the workplace because of sex by his or her employer or agent of the employer or by another employee". ref: Ontario Human Rights Code, Sec. 7 (2)

The right to freedom from harassment in the workplace applies also to

sexual orientation.

(c) "Every person has a right to be free from,

i) a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or

ii) a reprisal or threat of reprisal for the rejection of a sexual

solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person". Ref: Ontario Human Rights Code, Sec. 7 (3)

(d) The parties recommend and encourage any employee who may have

harassment or discrimination complaint to follow the complaints process as set out in the employer’s harassment policies and process.

(e) In recognizing the importance of a harassment free environment, the

Employer and the Union will review Employer policies and processes with respect to harassment with the employee during her or his orientation period.

(f) Where an employee requests the assistance and support of the Union in

dealing with harassment or discrimination issues, such representation shall be allowed.

(g) An employee who believes that she or he has been harassed contrary to

this provision may file a grievance under Article 7 of this Agreement. NOTE: "Harassment” means engaging in a course of vexatious comment or

conduct that is known or ought reasonably to be known to be unwelcome". ref: Ontario Human Rights Code, Sec. 10 (1)

(h) The local parties will determine the appropriate means of promoting an

effective and meaningful way of addressing discrimination and harassment issues, which may include, but is not limited to the following

reviewing the hospital’s harassment policy and making joint

recommendations to the Chief Nursing Executive;

Promoting a harassment free workplace where there is ‘zero tolerance’;

- 4 -

LAKER01C18.DOC

Ensuring that all employees are familiar with the employer’s harassment policy by identifying educational opportunities, including the orientation period for new employees;

Identifying supports and solutions to assist employees to deal with harassment and discrimination issues (i.e. Employee assistance Programs, staff supports);

Development of processes to address the accommodations/ modified work needs for employees

Development of assertiveness training programs. NOTE: "Harassment” means engaging in a course of vexatious comment or conduct that

is known or ought reasonably to be known to be unwelcome". ref: Ontario Human Rights Code, Sec. 10 (1)

3.05 The Employer and the Union recognize their joint duty to accommodate

handicapped employees in accordance with the provisions of the Ontario Human Rights Code.

3.06 Whistle Blowing Protection

Provided an employee has followed reasonable policies or procedures issued by the Hospital concerned to protect the Hospital’s entitlement to investigate and address any allegation of wrongdoing, employees will not be subject to discipline or reprisal for the reasonable exercise of their professional obligations, including those related to patient advocacy, including those related to patient advocacy.

3.07 In dealing with complaints, the Employer shall ensure that the process is fair for

all. 3.08 In dealing with physician conduct, the Hospital may incorporate tools, definitions

and processes from the College of Physicians and Surgeons’ Guidebook for Managing Disruptive Physician Behaviour.

ARTICLE 4 - NO STRIKE, NO LOCKOUT 4.01 The Union agrees there shall be no strikes and the Employer agrees there shall

be no lockouts so long as this Agreement continues to operate. The terms "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

ARTICLE 5 - UNION SECURITY 5.01 The Employer will deduct from each employee covered by this Agreement an

amount equal to the regular monthly Union dues designated by the Union. The deduction period for a part-time employee may be extended where the employee does not receive any pay in a particular month.

Where an employee has no dues deducted during the payroll period from which

dues are normally deducted, that deduction shall be made in the next payroll period provided the employee has earnings in the next payroll period.

- 5 -

LAKER01C18.DOC

If the failure to deduct dues results from an error by the employer, then, as soon as the error is called to its attention by the union, the Employer shall make the deduction in the manner agreed to by the parties.

5.02 Such dues shall be deducted monthly and in the case of newly employed

employees, such deductions shall commence in the month following their date of hire.

5.03 The amount of the regular monthly dues shall be those authorized by the Union

and the Vice President, Finance of the Union shall notify the Employer of any changes therein and such notification shall be the Employer's conclusive authority to make the deduction specified.

5.04 In consideration of the deducting and forwarding of Union dues by the Employer,

the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article.

5.05 The amounts so deducted shall be remitted monthly to the Vice-President,

Finance of the Union, no later than the end of the month following the month in which the dues were deducted. In remitting such dues, the Employer shall provide a list of employees from whom deductions were made, their work site (if the bargaining unit covers more than one site) and the employees’ social insurance numbers. The list shall also include deletions and additions from the preceding month highlighting new hires, resignations, terminations, new unpaid leave of absence of greater than one (1) month and returns from leaves of absence. A copy of this list will be sent to the local Union. If the employer agrees to provide the union with the information in an electronic format, the parties will meet to discuss the format in which the information will be set out.

The Employer will also identify the dues month, name(s) of the bargaining unit and payroll contact information. The Hospital will provide the members’ current addresses and phone numbers it has on record, with the dues lists, at least every six months.

5.06 The Employer agrees that an officer of the Union or Union representative shall be

allowed a reasonable period during regular working hours to interview newly hired employees during their probationary period. During such interview, membership forms may be provided to the employee. These interviews shall be scheduled in advance as determined by local negotiation and may be arranged collectively or individually by the Employer.

NOTE: The list provided for in Article 5.05 shall include any other information

that is currently provided to ONA. Additionally, the Employer will provide each employee with a T-4 Supplementary Slip showing the dues deducted in the previous year for income tax purposes where such information is or becomes readily available through the Employer's payroll system.

ARTICLE 6 - REPRESENTATION AND COMMITTEES 6.01 Meetings

- 6 -

LAKER01C18.DOC

The parties recognize the value of employees’ input and participation in committee meetings. All joint Employer Union meetings shall be scheduled where practical, during the employee’s regular working hours. The Employer will provide replacement staff where operationally required.

The Employer agrees to pay for time spent during regular working hours for

representatives of the Union attending meetings with the Employer. 6.02 Employee Representatives & Grievance Committee

(a) The Employer agrees to recognize Union representatives to be elected or

appointed from amongst employees in the bargaining unit for the purpose of dealing with Union business as provided in this Collective Agreement. The number of representatives and the areas which they represent are set out in the Appendix of Local Provisions.

(b) The Employer will recognize a Grievance Committee, one of whom shall

be chair. This committee shall operate and conduct itself in accordance with the provisions of the Collective Agreement and the number of employees on the Grievance Committee is set out in the Appendix of Local Provisions.

(c) It is agreed that Union representatives and members of the Grievance

Committee have their regular duties and responsibilities to perform for the Employer and shall not leave their regular duties without first obtaining permission from their immediate supervisor. Such permission shall not be unreasonably withheld. If, in the performance of their duties, a union representative or member of the Grievance Committee is required to enter a unit within the Employer in which they are not ordinarily employed they shall, immediately upon entering such unit, report their presence to the supervisor or employee in charge, as the case may be. When resuming their regular duties and responsibilities, such representatives shall again report to their immediate supervisor. The Employer agrees to pay for all time spent during their regular hours by such representatives hereunder. The Employer agrees to pay a grievor for all time spent during his or her regular hours at Step 1 and Step 2 grievance meetings.

6.03 Labour Management Committee

(a) There shall be a Labour Management Committee comprised of representatives of the Employer, one of who shall be the Chief Executive Officer or designate and of the Union, one of whom shall be the Bargaining Unit President or designate. The number of representatives is set out in the Appendix of Local Provisions and the membership of the Committee may be expanded by mutual agreement.

(b) The Committee shall meet every two (2) months unless otherwise agreed

and as required under Article 8.01. The duties of chair and secretary shall alternate between the parties. Where possible, agenda items will be exchanged in writing at least five (5) calendar days prior to the meeting. A record shall be maintained of matters referred to the Committee and the recommended disposition, if any, unless agreed to the contrary. Copies of the record shall be provided to Committee members.

- 7 -

LAKER01C18.DOC

(c) The purpose of the Committee includes:

i) promoting and providing effective and meaningful communication

of information and ideas, including but not limited to workload measurement tools and the promotion of best practices;

ii) reviewing professional responsibility complaints with a view to

identifying trends and sharing organizational successes and solutions, making joint recommendations on matters of concern including the quality and quantity of care and discussing the development and implementation of quality initiatives;

iii) making joint recommendations to the Chief Executive Officer on

matters of concern regarding recurring workload issues including the development of staffing guidelines, the use of agency employees and use of overtime;

iv) dealing with complaints referred to it in accordance with the

provisions of Article 8, Professional Responsibility; v) discussing and reviewing matters relating to orientation and in-

service programs.

vi) promote the creation of full-time positions for employees and discuss the effect of such changes on the employment status of the employees.

This may include the impact, if any, on part-time and full-time, job

sharing and retention and recruitment. (d) The Employer agrees to pay for time spent during regular working hours

for representatives of the Union attending at such meetings.

(e) Where a Committee representative designated by the Association attends Committee meetings outside of her or his regularly scheduled hours, she or he will be paid for all time spent in attendance at such meetings at her or his regular straight time hourly rate of pay. Such payment shall be limited to two (2) Committee representatives per meeting.

6.04 Negotiating Committee

The Hospital agrees to recognize a Negotiating Committee comprised of representatives of the Union for the purpose of negotiating a renewal agreement. The total number of nurses on the Negotiating Committee is set out in the Appendix of Local Provisions, included in this number shall be the Bargaining Unit President, The Hospital agrees to pay members of the Negotiating Committee for time spent during regular working hours in negotiations with the Hospital for a renewal agreement up to, but not including, arbitration.

- 8 -

LAKER01C18.DOC

6.05 Occupational Health and Safety a) It is a mutual interest of the parties to promote health and safety in

workplaces and to prevent and reduce the occurrence of workplace injuries and occupational diseases. The parties agree that health and safety is of the utmost importance and agrees to promote health and safety and wellness throughout the organization. The employer shall provide orientation and training in health and safety to new and current employees on an ongoing basis and employees shall attend required health and safety training sessions. Accordingly, the parties fully endorse the responsibilities of employer and employee under the Occupational Health and Safety Act, making particular reference to the following:

The employer shall take every precaution reasonable in the circumstances for the protection of a worker. [Occupational Health and Safety Act, s.25(2)(h)].

When faced with occupational health and safety decisions, the Hospital will not await full scientific or absolute certainty before taking reasonable actions(s) that reduces risk and protects employees.

Hospitals will ensure adequate stocks of the N95 respirator (or such other personal protective equipment as the parties may in writing agree) to be made available to employees at short notice in the event there are reasonable indications of the emergence of a pandemic.

When the employer receives written recommendations from a health and safety representative, that employer shall respond in writing within twenty-one days. [Occupational Health and Safety Act, s.9(20)].

The employer’s response shall contain a timetable for implementing the recommendations the employer agrees with and give reasons why the employer disagrees with any of the recommendations that the employer does not accept. [Occupational Health and Safety Act, s.9 (21)].

The employer shall ensure that the equipment, materials and protective devices as prescribed are provided. [Occupational Health and Safety Act, s. 25(1)(a)].

The employee shall use or wear the equipment, protective devices or clothing that the employer requires to be used or worn. [Occupational Health and Safety Act, s.28(1)(b)

The employee shall not use or operate any equipment, machine, device or thing or work in a manner that may endanger himself, herself or any other worker. [Occupational Health and Safety Act, s.28(2)(b)].

- 9 -

LAKER01C18.DOC

A worker who is required by his or her employer to wear or use any protective clothing, equipment or device shall be instructed and trained in its care, use and limitations before wearing or using it for the first time and at regular intervals thereafter and the worker shall participate in such instruction and training. Personal protective equipment that is to be provided, worn or used shall, be properly used and maintained, be a proper fit, be inspected for damage or deterioration and be stored in a convenient, clean and sanitary location when not in use. [O. Reg. 67/93 – Health Care].

(b) The local parties will determine appropriate solutions to promote health

and safety in workplaces, including, but not limited to:

Violence in the Workplace (includes Verbal Abuse) In particular, the local parties will consider appropriate measures to address violence in the workplace, which may include, among other remedies: i) Electronic and visual flagging;

ii) Properly trained security who can de-escalate, immobilize

and detain/restrain

iii) Appropriate personal alarms

iv) Organizational wide risk assessments assessing

environment, risk from patient population, acuity, communication, and work flow and individual client assessments;

v) Training in de-escalation, “break-free” and safe

immobilization/detainment/restraint

Musculoskeletal Injury Prevention

Needle Stick and other Sharps Injury Prevention

Employees who regularly work alone or who are isolated in the workplace

Wellness initiatives (c) It is understood that communication on issues of mutual concern should

occur between the Joint Health and Safety Committee, Infection Control, Risk Management and Emergency Planning.

(d) In the event there are reasonable indications of the emergence of a

pandemic any employee working at more than one health care facility will, upon the request of the hospital, provide information of such employment to the hospital. No consequence will flow from such disclosure, other than as strictly necessary to prevent the spread of infection.

(e) Joint Health and Safety Committee

- 10 -

LAKER01C18.DOC

i) Recognizing its responsibilities under the applicable legislation, the Hospital agrees to accept as a member of its Joint Health and Safety Committee, at least one (1) representative selected or appointed by the Union from amongst bargaining unit employees from each Hospital site.

Hospitals will choose either to include a representative from the

bargaining unit from each Hospital site, or to have a separate Joint Health and Safety Committee at each Hospital site, unless the parties agree otherwise.

ii) Such Committee shall identify potential dangers and hazards,

institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health.

iii) The Hospital agrees to cooperate in providing necessary

information and management support to enable the Committee to fulfil its functions. In addition, the Hospital will provide the Committee with access to all accident reports, health and safety records and any other pertinent information in its possession. The Committee shall respect the confidentiality of the information.

iv) Meetings shall be held every second month or more frequently at

the call of the co-Chairs, if required. The Committee shall maintain minutes of all meetings and make the same available for review. Copies shall be sent to the Committee members within a reasonable period of time following the meeting. The Joint Health and Safety Committee will determine the appropriate mechanism to communicate the minutes of the proceedings of the Committee to the organization.

v) Any representative appointed or selected in accordance with (e) (i)

hereof, shall serve for a term of at least two (2) calendar years from the date of appointment. Time off for representatives to perform these duties shall be granted.

“A member of a committee is entitled to,

A) one hour or such longer period of time as the committee determines is necessary to prepare for each committee meeting.

B) such time as is necessary to attend meetings of the

committee; C) such time as is necessary to carry out [inspections and

investigations under subsection 9(26), 9(27), and 9 (31) of the Act.]" ref: Occupational Health and Safety Act, s.9(34);

D) where an investigation is required under the Occupational

Health and Safety Act, the Committee shall determine the appropriate member or members who will participate in the

- 11 -

LAKER01C18.DOC

investigation, recognizing the interests of a Union representative to be involved in an investigation involving Union members; and

"A member of a committee shall be deemed to be at work

during the times described [above] and the member’s employer shall pay the member for those times at the member’s regular or premium rate as may be proper." Ref: Occupational Health and Safety Act, s.9(35)

vi) The Union agrees to endeavour to obtain the full cooperation of its

membership in the observation of all safety rules and practices.

vii) Pregnant employees may request to be temporarily transferred from their current duties if, in the professional opinion of the employee's physician a risk to the pregnancy and/or unborn child is identified. If a temporary transfer is not feasible, the employee will be granted an unpaid leave of absence before commencement of the pregnancy leave.

viii) Where the Hospital identifies high risk areas where employees are exposed to infectious or communicable diseases for which there are available protective medications, such medications shall be provided at no cost to the employees.

ix) At least one of the employees representing workers under the Occupational Health and Safety Act, who are trained to be certified workers as defined under the Act, shall be from the Union. Upon written request, all Union members on the Joint Health and Safety Committee shall be trained as certified workers.

x) "A member of a committee shall be deemed to be at work while the member is fulfilling the requirements for becoming certified by the Workplace Health and Safety Agency, and the member's employer shall pay the member for the time spent at the member's regular or premium rate as may be proper". Ref: Occupational Health and Safety Act, s.9(36) "[This provision] does not apply with respect to workers who are paid by the Agency for the time spent fulfilling the requirements for becoming certified." ref: s.9(37)

xi) A) "This section does not apply to a worker

1) When a circumstance described below is inherent in the worker's work or is a normal condition of the worker's employment; or

2) When the worker's refusal to work would directly

endanger the life, health or safety of another person." ref: Occupational Health and Safety Act, s.43(1)

B) "A worker may refuse to work or do particular work where

he or she has reason to believe that,

- 12 -

LAKER01C18.DOC

1) Any equipment, machine, device or thing the

worker is to use or operate is likely to endanger himself, herself or another worker;

2) (a) The physical condition of the workplace or

the part thereof in which he or she works or is to work is likely to endanger himself or herself; or

(b) Workplace violence is likely to endanger

himself or herself; or 3) any equipment, machine, device or thing he or she

is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker." ref: Occupational Health and Safety Act, s.43(3).

4) “Workplace violence” means, (a) The exercise of physical force by a person

against a worker, in a workplace, that causes or could cause physical injury to the worker,

(b) An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,

(c) A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker.

C) A refusal to work or do particular work as outlined in Article

6.05(e)(xi)(B) shall not be considered a contravention of Article 4.01.

NOTE 1: Issues relating to chairing of meetings and responsibility for the taking of minutes

should be discussed locally with the Hospital and the other Unions representing employees of the Hospital.

NOTE 2: “Workplace Harassment” means engaging in a course of vexatious comment or

conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.” ref: Occupational Health and Safety Act, s.1(1).

6.06 The Union may hold meetings on Employer premises providing permission has

been first obtained from the Employer.

- 13 -

LAKER01C18.DOC

6.07 The Union shall keep the Employer notified in writing of the names of the union representatives and/or Committee members and Officers of the Local Union appointed or selected under this Article as well as the effective date of their respective appointments.

6.08 All reference to union representatives, committee members and officers in this

Agreement shall be deemed to mean employee representatives, committee members or officers of the Local Union.

6.09 The Employer agrees to give representatives of the Ontario Nurses' Association

access to the premises of the Employer for the purpose of attending grievance meetings or otherwise assisting in the administration of this Agreement, provided prior arrangements are made with the Employer. Such representatives shall have access to the premises only with the approval of the Employer which will not be unreasonably withheld except where the Bargaining Unit President position is vacant or in the event that the Bargaining Unit President is subject to discipline, in which case only prior notice is required.

6.10 Where an employee makes prior arrangements for time off from a tour of duty,

the employee shall not be scheduled to work another tour that day. 6.11 Employees who are members of committees pursuant to Regulation 965 of the

Public Hospitals Act will suffer no loss of earnings for time spent during regular working hours for attending committee meetings.

Where an employee attends a committee meeting outside of regularly scheduled

hours, she or he will be paid for all hours spent in attendance at meetings at her or his regular straight time hourly rate.

Part-time employees will be credited with seniority and service for all such hours paid as provided above while in attendance at such committee meetings.

6.12 Where there is an Interdisciplinary Council or equivalent, whose membership includes bargaining unit members, the Hospital, in consultation with the local union, will develop a transparent process to seek and establish membership in the Council for such employees who are bargaining unit members.

6.13 The Employer will discuss government initiatives with the Union that may

negatively impact on the bargaining unit. ARTICLE 7 - GRIEVANCE PROCEDURE 7.01 For purposes of this Agreement, a grievance is defined as a difference arising

between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitral.

7.02 At the time formal discipline is imposed or at any stage of the grievance

procedure, including the complaint stage, an employee is entitled to be represented by her or his union representative. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance. The

- 14 -

LAKER01C18.DOC

Employer also agrees, as a good labour relations practice, in most circumstances it will also notify the local Union.

The Employer agrees that where an Employee is required to attend a meeting

with the Employer that may lead to disciplinary action, as a good labour relations practice, it will inform the Employee of the purpose of the meeting and her or his right to union representation.

All investigations related to an Employee’s employment will be completed in a

timely manner. 7.03 It is the intent of the parties that complaints of employees shall be adjusted as

quickly as possible, and it is understood that an employee has no grievance until she or he has first given her or his immediate supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with her or his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. This discussion may include consultation, advice and assistance from others. If there is no settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days in the following manner and sequence:

Step No. 1 The employee may submit a written grievance, through the Union, signed by the

employee, to the Chief Executive Officer or designate. The grievance shall be on a form referred to in Article 7.09 and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Chief Executive Officer or designate will deliver her or his decision in writing within nine (9) calendar days following the day on which the grievance was presented to her or him. Failing settlement, then:

Step No. 2 Within nine (9) calendar days following the decision under Step No. 1, the

grievance may be submitted in writing to the Chief Executive Officer or designate. A meeting will then be held between the Chief Executive Officer or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step 2 unless extended by agreement of the parties. It is understood and agreed that a representative(s) of the Ontario Nurses’ Association and the grievor may be present at the meeting. It is further understood that the Chief Executive Officer or designate may have such counsel and assistance as she or he may desire at such meeting. The decision of the Employer shall be delivered in writing within nine (9) calendar days following the date of such meeting. A copy of the second step grievance reply will be provided to the Labour Relations Officer.

7.04 A complaint or grievance arising directly between the Employer and the Union

concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the

- 15 -

LAKER01C18.DOC

circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the Bargaining Unit President or designate.

7.05 Where a number of employees have identical grievances and each employee

would be entitled to grieve separately they may present a group grievance in writing signed by each employee who is grieving to the Chief Executive Officer or designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.

7.06 (a) Probationary Release The release of a probationary employee for reasons based on performance and

ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:

i) Reasons which are arbitrary, discriminatory or in bad faith;

ii) Exercising a right under this Agreement.

The Employer agrees to provide a probationary employee with written reasons for her or his release within seven (7) days of such release, with a copy to the Local Union.

A claim by a probationary employee that she or he has been unjustly released

shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Employer at Step 2 within seven (7) days after the date the release is affected. Such grievance shall be treated as a special grievance as set out below.

(b) Discipline/Discharge/Suspension

The Employer agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her or his probationary period, without just cause.

A claim by an employee who has completed her or his probationary period that

she or he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Employer at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is affected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:

i) Confirming the Employer's action in dismissing the employee; or

ii) Reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or

iii) By any other arrangement which may be deemed just and equitable. 7.07 (a) Failing settlement under the foregoing procedure of any grievance

between the parties arising from the interpretation, application,

- 16 -

LAKER01C18.DOC

administration or alleged violation of this Agreement, including any question as to whether a matter is arbitral, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty-six (36) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within thirty-four (34) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits.

(b) The parties agree that it is their intent to resolve grievances without

recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator.

7.08 It is understood and agreed that the Union has carriage of all grievances

throughout the grievance and arbitration procedure and not any individual or group of individuals. All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer and the Union and the employees.

7.09 Grievances shall be on the form set out in Appendix 1. Alternately, grievances

may be filed using the electronic format. 7.10 Where a difference arises between the parties relating to the interpretation,

application or administration of this Agreement, including any questions as to whether a matter is arbitral, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration.

The matter shall be determined by a sole arbitrator. The sole arbitrator shall proceed by way of mediation-arbitration at the request of either party. When either party requests that any such matter be submitted to mediation-arbitration or to arbitration as provided above, it shall make such request in writing addressed to the other party to this Agreement and, at the same time, it shall propose the name of a sole arbitrator. Within seven (7) calendar days thereafter, the other party shall agree in writing or propose an alternate name(s). If there is no agreement within fourteen (14) calendar days, the Minister of Labour for the Province of Ontario shall have the power to effect such appointment upon application thereto by the party invoking the arbitration procedure. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. The parties agree to equally share the fees and expenses of the arbitrator.

Subject to Article 7.12, once appointed, the sole arbitrator shall have all powers

as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to impose a settlement and to limit evidence and submissions.

- 17 -

LAKER01C18.DOC

7.11 No matter may be submitted to arbitration, which has not been properly carried through all requisite steps of the Grievance Procedure.

7.12 The Arbitrator shall not be authorized to make any decision inconsistent with the

provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.

7.13 The time limits set out in the Grievance and Arbitration Procedures herein are

mandatory and failure to comply strictly with such time limits except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48(16) of The Labour Relations Act.

7.14 The proceedings of the Arbitration Board will be expedited by the parties hereto

and the decision of the majority and where there is no majority the decision of the chair will be final and binding upon the parties hereto and the employee or employees concerned.

7.15 Each of the parties hereto will bear the expense of the nominee appointed by it

and the parties will share equally the fees and expenses, if any, of the chair of the Arbitration Board.

ARTICLE 8 - PROFESSIONAL RESPONSIBILITY 8.01 The Parties have a mutual interest in the provision of quality patient care.

Therefore, where an employee, or group of employees, covered by this agreement and governed by an Ontario College under the Health Disciplines Act, have cause to believe that they are being asked to perform more work than is consistent with proper patient care it is agreed by the parties that such workload problems may be discussed by the local Labour Management Committee. Such complaint must be filed in writing within fifteen (15) calendar days of the alleged improper assignment.

If, after a thorough investigation, no consensus can be reached at Labour

Management Committee the parties will meet with the Chief Executive Officer (CEO)/Chief Operating Officer (COO) within thirty (30) days of referral to present the issues. The CEO/COO will notify the Union of the decision in writing within fourteen (14) days.

8.02 The delegation of Controlled Acts shall be in accordance with the Regulated

Health Professions Act, Medical Directives, and related statutes and regulations and in accordance with guidelines established by the appropriate College from time to time, and any Employer policy related thereto, provided that if the Union is of the opinion that such delegation would be inimical to proper patient care, the Union may refer the issue to the Labour Management Committee.

8.03 The Employer will notify the employee when it reports her or him to their

registering College of Ontario, and refer them to the Union as a resource. 8.04 This provision is intended to appropriately address employee concerns relative to

their workload issues in the context of their professional responsibility. In

- 18 -

LAKER01C18.DOC

particular, the parties encourage employees to raise any issues that negatively impact their workload or patient care, including but not limited to:

Gaps in continuity of care

Balance of staff mix

Access to contingency staff

Appropriate number of staff 8.05 Should an employee, who is a Health Professional under the Regulated Health

Professions Act, be required to provide her or his Regulatory College with proof of liability insurance, the Employer, upon request from the employee, will provide the employee with a letter outlining the Employer’s liability coverage for Health Professionals in the Employer’s employ.

ARTICLE 9 – PROFESSIONAL DEVELOPMENT 9.01 Continuous professional development is a hallmark of professional practice. As

self-regulating professionals, the employees recognize the importance of ongoing learning and the maintenance of competence in a dynamic practice environment. The parties agree that professional development includes a diverse range of activities, including but not limited to formal academic programs; short-term continuing education activities; certification programs; independent learning and committee participation. The parties recognize their joint responsibility in and commitment to active participation in the area of professional development.

9.02 Orientation and In-Service Program

The Employer recognizes the need for an Orientation Program of such duration as it may deem appropriate taking into consideration the needs of the Employer and the employees involved.

9.03 Before assigning a newly hired employee to be in charge, the Employer will first

provide orientation to the role in accordance with Article 9.02. It is understood that such employee may be assigned to any tour as part of the employee’s orientation program, providing such assignment is in accordance with the scheduling regulations.

9.04 Employees who displace other employees in the event of a long-term layoff,

employees recalled from layoff, employees whose probationary period has been extended under Article 10.01, and employees who are transferred on a permanent basis may be provided any orientation determined necessary by the Employer for the purposes of allowing the employee to assume satisfactorily the duties of such position. A request by such an employee for orientation shall not be unreasonably denied.

9.05 Both the Employer and the Union recognize their joint responsibility and

commitment to provide, and to participate in, in-service education. The Union supports the principle of its members’ responsibility for their own professional development and the Employer will endeavour to provide programs related to the requirements of the Employer. Available programs will be publicized, and the Employer will endeavour to provide employees with opportunities to attend such programs during their regularly scheduled working hours.

- 19 -

LAKER01C18.DOC

9.06 The Employer will endeavour to schedule mandatory in-service programs during

an employee’s regular working hours. When an employee is on duty and authorized to attend any in-service program during her or his regular and during her or his regularly scheduled working hours the employee shall suffer no loss of regular pay. When an employee is required by the Employer to engage in any learning opportunities outside of her or his regularly scheduled working hours, the employee shall be paid for all time spent on such learning opportunities at her or his regular straight time hourly rate of pay.

Where the Employer requires e-learning, it will make reasonable efforts to enable

Employer e-learning requirements during an employee’s regular working hours. Where an employee is unable to complete required employer e-learning during regular working hours and is required to complete employer e-learning outside of her/his regular working hours, the employer will identify in advance the time that will be paid at her or his regular straight time hourly rate of pay.

Part-time employees will be credited with seniority and service for all such hours

paid as provided above while engaged in such learning opportunities.

9.07 Student Supervision

(a) Employees may be required, as part of their regular duties, to supervise activities of students in accordance with the current College. Employees

will be informed in writing of their responsibilities in relation to these students. Any information that is provided to the Employer by the educational institution with respect to the skill level of the students will be made available to the employees recruited to supervise the students. Upon request, the Employer will review the employee’s workload with the employee and the student to facilitate successful completion of the assignment.

Effective October 9, 2013, where an employee is assigned student supervision duties, the Employer will pay the employee a premium of sixty cents ($0.60) per hour for all hours spent supervising students. “Student supervision” duties shall not include orientation or student shadowing but shall include direct supervision.

(b) Employees are expected, as part of their regular duties, to provide

guidance and advice to members of the health care team.

9.08 The Hospital shall seek the advice of the Labour Management Committee before establishing internships for the purpose of meeting future staffing requirements.

9.09 The Employer undertakes to notify the Union in advance, so far as practicable,

of any technological changes which the Employer has decided to introduce which will significantly change the status of the employee within the bargaining unit.

The Employer agrees to discuss with the Union the effect of such technological

changes on the employment status of the employees and to consider practical ways and means of minimizing the adverse effect, if any, on the employees concerned.

- 20 -

LAKER01C18.DOC

Employees who are subject to layoff due to technological change will then be given notice of such layoff at the earliest reasonable time and in keeping with the requirements of the applicable legislation and the provisions of Article 10.07 will apply.

9.10 Where computers and/or new computer technology (e.g. computer charting) are

introduced into the workplace that employees are required to utilize in the course of their duties, the Employer agrees that necessary training will be provided at no cost to the employees involved.

9.11 A copy of any completed evaluation which is to be placed in an employee's file

shall be first reviewed with the employee. The employee shall initial such evaluation as having been read and shall have the opportunity to add her or his views to such evaluation prior to it being placed in her or his file. It is understood that such evaluations do not constitute disciplinary action by the Employer against the employee. A request by an employee for a copy of other documents in their file will not be unreasonably denied.

Each employee shall have reasonable access to all her or his files for the

purpose of reviewing their contents in the presence of her or his supervisor and/or a representative from Human Resources. A copy of the evaluation will be provided to the employee at her or his request.

An employee may request to have a counselling letter removed from their file

should they believe that such letter is no longer applicable. Such request shall not be unreasonably denied.

No document shall be used against an employee where it has not been brought

to her or his attention in a timely manner. 9.12 Any letter of reprimand, suspension or other sanction will be removed from the

record of an employee eighteen (18) months following the receipt of such letter, suspension or other sanction provided that such employee's record has been discipline free for one year.

9.13 The Peer Feedback Process of the Quality Assurance Program Required by

Professional Colleges The above referenced Peer Feedback is confidential information which the

employee may be required to obtain, by requesting feedback from peer(s) of her or his choice, for the sole purpose of meeting the requirements of the Quality Assurance Program required by the College. The parties recognize the importance of supporting the confidential nature of the Peer Feedback component of the Quality Assurance Program. For further clarity, the above referenced Peer Feedback will not be used as a performance evaluation under Article 9.11.

9.14 An employee shall be entitled to leave of absence without loss of earnings from

her or his regularly scheduled working hours for the purpose of writing exams arising out of the Quality Assurance Program required by Professional Colleges of Ontario.

- 21 -

LAKER01C18.DOC

9.15 Within fourteen (14) days of receipt of a written request from the employee, the Employer will provide the employee with a letter detailing her or his employment dates, length of service and experience at the Employer.

9.16 To support succession planning and retention, the local parties will discuss mid-

career opportunities for employees to receive training/education. ARTICLE 10 – SENIORITY 10.01 Probationary Period

(a) (i) Newly hired employees shall be considered to be on probation for a period of seventy (70) tours worked from date of last hire (525 hours of work for employees whose regular hours of work are other than the standard work day). If retained after the probationary period, the full-time employee shall be credited with seniority from date of last hire and the part-time employee shall be credited with seniority for the seventy (70) tours (525 hours) worked. With the written consent of the Employer, the probationary employee and the Bargaining Unit President of the Local Union or designate, such probationary period may be extended. Where the Employer requests an extension of the probationary period, it will provide notice to the Union at least seven (7) calendar days prior to the expected date of expiration of the initial probationary period. It is understood and agreed that any extension to the probationary period will not exceed an additional sixty (60) tours (450 hours) worked and, where requested, the Employer will advise the employee and the Union of the basis of such extension with recommendations for the employee’s professional development.

ii) The parties recognize that ongoing feedback about the

employee’s progress is important to the probationary employee.

(b) An employee who transfers from casual or regular part-time to full-time status shall not be required to serve a probationary period where such employee has previously completed one since her or his date of last hire. Where no such probationary period has been served, the number of tours worked (hours worked for employees whose regular hours of work are other than the standard work day) during the nine months immediately preceding the transfer shall be credited towards the probationary period.

(c) An employee who transfers from casual part-time or full-time to regular

part-time status shall not be required to serve a probationary period where such employee has previously completed one since her or his date of last hire. Where no such probationary period has been served, the number of tours worked (hours worked for employees whose regular hours of work are other than the standard work day) during the nine (9) months immediately preceding the transfer shall be credited towards the probationary period.

- 22 -

LAKER01C18.DOC

10.02 Seniority Lists (a) A seniority list shall be established for all full-time employees covered by

this Agreement who have completed their probationary period. For information purposes only, the names of all full-time probationary employees shall be included in the seniority list. Seniority on such lists will be expressed in terms of a date.

(b) A seniority list shall be established for all regular part-time employees

covered by this Agreement who have completed their probationary period. For information purposes only, the names of all regular part-time probationary employees shall be included in the seniority list. Seniority on such lists will be expressed in terms of total hours worked.

(c) A copy of the current seniority list will be filed with the Bargaining Unit

President of the Local Union, or designate, on request but not more frequently than once every six (6) months at a time to be determined locally. A copy of the seniority list shall also be posted at the same time

10.03 Retention / Transfer of Service and Seniority An employee's full seniority and service shall be retained by the employee in the

event that the employee is transferred from full-time to part-time or in the event the employee is transferred from casual to regular part-time or vice-versa. An employee whose status is changed from full-time to part time shall receive credit for her or his full seniority and service on the basis of 1500 hours worked for each year of full-time seniority or service. An employee whose status is changed from part-time to full-time shall receive credit for her or his full seniority and service on the basis of one year of seniority or service for each 1500 hours worked. Any time worked in excess of an equivalent shall be pro-rated at the time of transfer.

10.04 Effect of Absence (Full-time) (Article 10.04 applies to full-time employees only; Note 1 provides that the

accrual of seniority and service on pregnancy and parental leave also applies to part time employees; Note 2 provides that the clause (including the notes) must be interpreted in a manner consistent with the Ontario Human Rights Code and the Employment Standards Act).

If an employee's absence without pay from the Employer including absences

under Article 11, Leaves of Absence, exceeds thirty (30) continuous calendar days the employee will not accumulate seniority or service for any purposes under the Collective Agreement for the period of the absence in excess of thirty (30) continuous calendar days unless otherwise provided and the employee will become responsible for full payment of any subsidized employee benefits in which she or he is entitled to participate during the period of absence. In the case of unpaid approved leaves of absence in excess of thirty (30) continuous calendar days an employee may arrange with the Employer to prepay the full premium of any applicable subsidized benefits during the period of leave in excess of thirty (30) continuous calendar days to ensure continuing coverage. In circumstances where a full-time employee is on an unpaid leave of absence in excess of thirty (30) calendar days and voluntarily works occasional tour(s)

- 23 -

LAKER01C18.DOC

during the leave period, the employee shall be deemed to have continued on unpaid leave.

Notwithstanding this provision, seniority shall accrue if an employee's absence is

due to disability resulting in W.S.I.B. benefits or L.T.D. benefits including the period of the disability program covered by Employment Insurance.

Notwithstanding this provision, seniority and service shall accrue and the

Employer will continue to pay the premiums for benefit plans for employees for a period of up to eight (8) weeks while an employee is on family medical leave, for a period of up to seventeen (17) weeks while an employee is on pregnancy leave under Article 11.07 and for a period of up to thirty-five (35) weeks while an employee is on parental leave under Article 11.08. Seniority and service will accrue for an adoptive parent or a natural father for a period of up to thirty-seven (37) weeks while such employee is on a parental leave under Article 11.08.

NOTE 1: The accrual of seniority and service for employees on family

medical leave, pregnancy and parental leave applies to both full-time and part-time employees.

NOTE 2: This clause shall be interpreted in a manner consistent with the

Ontario Human Rights Code and the Employment Standards Act. 10.05 Effect of Absence (Part-time)

Seniority for part-time employees shall accrue for absences due to a disability resulting in WSIB benefits, or illness or injury in excess of thirty (30) consecutive calendar days. The rate of accumulation will be based on the employee’s normal weekly hours paid over the preceding qualifying twenty-six (26) weeks. A qualifying week is a week where the employee is not absent due to vacation, pregnancy-parental leave, WSIB, or illness or injury that exceeds thirty (30) consecutive calendar days.

10.06 Deemed Termination A full-time or regular part-time employee shall lose all service and seniority and

shall be deemed to have terminated if the employee:

(a) Leaves of her or his own accord; (b) Is discharged and the discharge is not reversed through the grievance or

arbitration procedure; (c) Has been laid off for twenty- four (24) calendar months; (d) Refuses to continue to work or return to work during an emergency which

seriously affects the Employer's ability to provide adequate patient/client care, unless a satisfactory reason is given to the Employer;

(e) Is absent from scheduled work for a period of three (3) or more

consecutive working days without notifying the Employer of such absence and providing a satisfactory reason to the Employer;

- 24 -

LAKER01C18.DOC

(f) Fails to return to work (subject to the provisions of 10.06 (e) upon termination of an authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted;

(g) Fails upon being notified of a recall to signify her or his intention to return

within twenty (20) calendar days after she or he has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fails to report to work within thirty (30) calendar days after she or he has received the notice of recall or such further period of time as may be agreed upon by the parties;

10.07 Job Posting

(a) i) Where a permanent full-time vacancy occurs in a classification within the bargaining unit or a new full-time position within the bargaining unit is established by the Employer, such vacancy shall be posted for a period of seven (7) consecutive calendar days. Employees in this bargaining unit may make written application for such vacancy within the seven (7) day period referred to herein. Subsequent vacancies created by the filling of a posted vacancy are to be posted for seven (7) consecutive calendar days. Where a vacancy under this provision has remained unfilled for a period of six (6) months from the date of the initial posting, and the Employer still requires the position to be filled, it will be reposted as noted above.

ii) Where a permanent regular part-time vacancy occurs in a

classification within the bargaining unit or a new regular part-time position within the bargaining unit is established by the Employer, such vacancy shall be posted for a period of seven (7) consecutive calendar days. Employees in this bargaining unit may make written application for such vacancy within the seven (7) day period referred to herein. Subsequent vacancies created by the filling of a posted vacancy are to be posted for seven (7) consecutive calendar days. Where a vacancy under this provision has remained unfilled for a period of six (6) months from the date of the initial posting, and the Employer still requires the position to be filled, it will be reposted as noted above.

iii) A copy of all job postings will be provided to the local Union at the

time of posting. All job postings shall indicate a designated home site which is relevant for lay-off, vacation and any other site specific entitlement. It is understood that the designated home site shall be where the majority of hours are scheduled.

iv) The job posting provisions take precedence over any recall rights

that employees may have under this agreement, unless otherwise provided herein.

Where a full-time employee on layoff is the successful candidate for a vacant part-time position, she or he shall retain recall rights to her or his former position in the full-time bargaining unit for a

- 25 -

LAKER01C18.DOC

period of six months from the date of her or his layoff. This shall also apply to a part-time employee on layoff who is the successful candidate for a vacant full-time position. In these circumstances, the job posting provisions will not apply.

v) Absent exceptional circumstances, the hospital will endeavour to move employees who have been selected for positions in accordance with Article 10.07 (c) and (d) into their positions within forty-five (45) days of their selection to the positions.

. (b) An employee may make a written request for transfer by advising the

Hospital and filing a Request for Transfer form indicating her or his name, qualifications, experience, present area of assignment, seniority and requested area of assignment. A Request for Transfer shall become active as of the date it is received by the Hospital and shall remain so until December 31 following. Such requests will be considered as applications for posted vacancies and subsequent vacancies created by the filling of a posted vacancy.

A list of vacancies filled in the preceding month under Articles 10.07 (a)

and (b), and the names of the successful applicants, will be posted, with a copy provided to the Union. The Employer will provide the Union with a list of unfilled previously posted vacancies at least every six (6) months. The Union will also be advised of any posted positions that have been rescinded by the Employer in the preceding month. Unsuccessful applicants will be notified. The local parties will ensure that there is a means of notifying the unsuccessful applicants in a timely manner.

At the request of the employee, the Hospital will discuss with

unsuccessful applicants ways in which they can improve their qualifications for future postings.

(c) Employees shall be selected for positions under either 10.07 (a) or (b) on

the basis of their skill, ability, experience and qualifications. Where these factors are relatively equal amongst the employees considered, seniority shall govern providing the successful applicant, if any, is qualified to perform the available work within an appropriate familiarization period. Where seniority governs, the most senior applicant will be selected. Where the applicant has been selected in accordance with this Article and it is subsequently determined that she or he cannot satisfactorily perform the job to which she or he was promoted, the Employer will attempt, during the first sixty (60) tours (450 hours for employees whose regular hours of work are other than the standard work day) worked from the date on which the employee was first assigned to the vacancy, to return the employee to her or his former job, and the filling of the subsequent vacancies will likewise be reversed. The Employer will not establish qualifications, or identify them in job postings, in an arbitrary or unreasonable manner.

(d) Vacancies which are not expected to exceed ninety (90) calendar days

and vacancies caused due to illness, accident, leaves of absence (including pregnancy and parental) may be filled at the discretion of the Employer. In filling such vacancies consideration shall be given to regular

- 26 -

LAKER01C18.DOC

part-time employees in the bargaining unit on the basis of seniority who are qualified to perform the work in question. If the temporary vacancy is not filled by a regular part-time employee, consideration will be given to casual part-time employees in the bargaining unit on the basis of seniority who are qualified to perform the work in question, prior to utilizing non-bargaining unit employees supplied by an agency or registry. It is understood, however, that where such vacancies occur on short notice, failure to offer part-time employees such work shall not result in any claim for pay for time not worked while proper arrangements are made to fill the vacancy. Where part-time employees fill temporary full-time vacancies, such employees shall be considered regular part-time and shall be covered by the terms of the part-time collective agreement. Upon completion of the temporary vacancy, such employee shall be reinstated to her or his former position unless the position has been discontinued, in which case the employee shall be given a comparable job. Where the Local parties agree, full-time employees may be considered for temporary full-time vacancies on the same basis as regular part-time employees. A list of all vacancies expected to be ninety (90) days or more that were filled in the preceding month under this provision, including the names of the employees selected and the anticipated duration of the vacancy, will be provided to the Union.

(e) The Employer shall have the right to fill any permanent vacancy on a temporary basis until the posting procedure or the Request for Transfer procedure provided herein has been complied with and arrangements have been made to permit the employee selected to fill the vacancy to be assigned to the job.

(f) An employee selected as a result of a posted vacancy or a Request for

Transfer need not be considered for a further permanent vacancy for a period of up to six (6) months from the date of her or his selection. This does not apply to employees applying for vacancies or requesting a transfer to full-time or regular part-time positions posted in accordance with Article 10.07 within their assigned work area, or employees who posted or transferred as a result of a layoff.

(g) Where employees are reassigned to meet patient/client care needs, they

will be reassigned to units or areas where they are qualified to perform the available work.

10.08 Layoff – Definition and Notice (a) A "Layoff" shall include a reduction in an employee's hours of work and

cancellation of all or part of an employee's scheduled shift. Cancellation of single or partial shifts will be on the basis of seniority of

the employees on the unit on that shift unless agreed otherwise by the Employer and the Union in local negotiations.

A partial or single shift reassignment of an employee from her or his area

of assignment will not be considered a layoff. The parties agree that the

- 27 -

LAKER01C18.DOC

manner in which such reassignments are made will be determined by local negotiations.

(b) A "short-term layoff" shall mean:

i) a layoff resulting from a planned temporary closure of any part of

the Employer's facilities during all or part of the months of July and August (a "summer shutdown") or during the period between December 15th and January 15th inclusive (a "Christmas shutdown"); or

ii) a layoff resulting from a planned temporary closure, not

anticipated to exceed six months in length, of any part of the Employer's facilities for the purpose of construction or renovation; or

iii) any other temporary layoff which is not anticipated to exceed three

months in length.

(c) A "long-term layoff" shall mean any layoff which is not a short-term layoff. (d) The Employer shall provide the local Union with no less than 30 calendar

days' notice of a short term layoff. Notice shall not be required in the case of a cancellation of all or part of a single scheduled shift, provided that Article 14.12 has been complied with. In giving such notice, the Employer will indicate to the local Union the reasons causing the layoff and the anticipated duration of the layoff, and will identify the employees likely to be affected. If requested, the Employer will meet with the local Union to review the effect on employees in the bargaining unit.

(e) Notice

In the event of a proposed layoff at the Employer of a permanent or long-

term nature or the elimination of a position within the bargaining unit, the Employer shall:

i) provide the Union with no less than five (5) months written notice of the proposed layoff or elimination of position; and

ii) provide to the affected employee(s), if any, no less than four (4) months written notice of layoff, or pay in lieu thereof.

Note: Where a proposed layoff results in the subsequent displacement

of any member(s) of the bargaining unit, the original notice to the Union provided in (i) above shall be considered notice to the Union of any subsequent layoff.

The Employer shall meet with the local Union to review the following:

i) the reasons causing the layoff;

ii) the service which the Employer will undertake after the layoff;

iii) the method of implementation including the areas of cut-back and the employees to be laid off; and

- 28 -

LAKER01C18.DOC

iv) any limits which the parties may agree on the number of employees who may be newly assigned to a unit or area.

10.09 Layoff – Process and Options (a) In the event of a layoff, employees shall be laid off in the reverse order of

seniority provided that the employees who are entitled to remain on the basis of seniority are qualified to perform the available work. Subject to the foregoing, probationary employees shall be first laid off.

(b) Employees shall have the following entitlements in the event of a layoff;

Prior to implementing a short-term layoff on a unit, employees will first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time credits or to take unpaid leaves in order to minimize the impact of a short-term layoff.

i) An employee who has been notified of a short-term layoff may:

A) Accept the layoff; or

B) Opt to retire if eligible under the terms of the Employer's pension plan as outlined in Article 17.04; or

C) Elect to transfer to a vacant position, provided she or he is qualified to perform the available work; or

D) Displace the least senior employee in the bargaining unit whose work she or he is qualified to perform.

ii) An employee who has been notified of a long-term layoff may:

A) Accept the layoff; or

B) Opt to retire if eligible under the terms of the Employer's pension plan as outlined in Article 17.04; or

C) Elect to transfer to a vacant position provided that she or he is qualified to perform the available work; or

D) Displace another employee in any classification who has lesser bargaining unit seniority and who is the least senior employee on a unit or area whose work the employee subject to layoff is qualified to perform.

iii) In all cases of layoff:

A) Any agreement between the Employer and the Union concerning the method of implementation of a layoff shall take precedence over the terms of this article. While an individual nurse is entitled to Union representation, the unavailability of a representative of the Union shall not delay any meeting regarding layoffs or staff reductions.

- 29 -

LAKER01C18.DOC

B) Where a vacancy occurs in a position following a layoff hereunder as a result of which an employee has been transferred to another position, the affected employee will be offered the opportunity to return to her or his former position providing such vacancy occurs within six (6) months of the date of layoff. Where the employee returns to her or his former position there shall be no obligation to consider the vacancy under Article 10.07. Where the employee refuses the opportunity to return to her or his former position the employee shall advise the Employer in writing.

C) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union.

D) All regular part-time and full-time employees represented by the Union who are on layoff will be given a job opportunity in the full-time and regular part-time categories before any new employee is hired into either category.

E) Full-time and part-time layoff and recall rights shall be separate.

F) Casual part-time employees shall not be utilized while full-time or regular part-time employees remain on layoff, unless the provisions of Article 10.10 have been complied with or unless the matter is covered by local scheduling.

G) No new employees shall be hired until all those employees who retain the right to be recalled have been given an opportunity to return to work.

H) In this Article (10.09), a "vacant position" shall mean a position for which the posting process has been completed and no successful applicant has been appointed.

I) The option to “accept a layoff” as provided in this Article includes the right of an employee to absent her or himself from the workplace.

c) i) Where there are vacant positions available under Article 10, but

the employee is not qualified to perform the available work, and if such employee is not able to displace another employee under Article 10, the employee will be provided with the necessary training up to sixteen (16) weeks’ training to enable the employee to become qualified for one of the vacant positions. In determining the position for which training will be provided the Hospital shall take account of the employees stated preference.

ii) When employees would otherwise be recalled pursuant to Article

10 but none of the employees on the recall list are qualified to perform the available work the Employer will provide necessary training up to twelve (12) weeks to employees, in order of seniority, to enable them to become qualified to perform the available work.

- 30 -

LAKER01C18.DOC

ii) Where an employee receives training under this provision, she or

he need not be considered for any further vacancies for a period of six (6) months from the date she or he is placed in the position.

10.10 Recall from Layoff Full-time and regular part-time employees shall be recalled in the order of

seniority unless otherwise agreed between the Employer and the local Union, subject to the following provisions, provided that an employee recalled is qualified to perform the available work: (a) Full-time and regular part-time employees on layoff may notify the

Employer of their interest in accepting occasional vacancies and/or temporary vacancies which may arise and for which they are qualified. Such notification of interest shall state any restrictions on the type of assignment which an employee is willing to accept, and shall remain valid for six weeks. However if an employee declines an occasional or temporary vacancy the Employer shall not be obliged to call upon the employee again during the balance of such six-week period.

(b) For the purposes of this article, an "occasional vacancy" shall mean an

assignment which is anticipated not to exceed five shifts (37.5 hours). Occasional vacancies shall be offered first to regular part-time employees on layoff who have expressed interest, and if no such part-time employee accepts then to full-time employees on layoff who have expressed interest and if no such full-time employee accepts then to casual part-time employees.

(c) For the purposes of this article, a "temporary vacancy" shall mean an

assignment which is anticipated to exceed five shifts (37.5 hours). Temp-orary vacancies which arise in the full-time bargaining unit shall be offered by seniority first to full-time employees on layoff who have expressed interest, and if no such full-time employee accepts then by seniority to regular part-time employees on layoff who have expressed interest, and if no such part-time employee accepts then to casual part-time employees. Temporary vacancies which arise in the part-time unit shall be offered by seniority first to regular part-time employees on layoff who have expressed interest, and if no such part-time employee accepts then by seniority to full-time employees on layoff who have expressed interest, and if no such full-time employee accepts then to casual part-time employees.

(d) An employee to whom an occasional or temporary vacancy is offered

may accept or decline such vacancy and in either case shall maintain her or his position on the recall list.

The acceptance of a temporary vacancy that is anticipated to exceed

sixty (60) calendar days shall be considered a recall from layoff for purposes of Article 10.06 (c). No new notice of layoff will be required and the employee will be deemed to be laid off at the conclusion of the temporary vacancy.

- 31 -

LAKER01C18.DOC

A full-time employee on layoff who accepts a temporary full-time vacancy within thirty (30) days of the effective day of layoff will continue to receive benefit coverage for the duration of the temporary vacancy.

A full-time employee who has worked for more than 600 hours in 140

calendar days as the result of accepting one or more temporary vacancies shall thereafter be eligible for benefit coverage as a full-time employee and shall be paid accordingly, and shall continue to receive benefit coverage so long as she or he continues to fill a temporary vacancy and such full-time employee shall accrue seniority in the manner prescribed for full-time employees throughout the period of employment.

Otherwise, a full-time employee who accepts a temporary or occasional

vacancy shall be paid her or his regular full-time rate of pay together with a percentage payment in lieu of benefits at the rate specified for part-time employees.

A full-time employee who accepts a temporary part-time vacancy or

occasional vacancies as provided herein will accrue seniority throughout the period of such employment in the manner prescribed for part-time employees.

A part-time employee who accepts a temporary or occasional vacancy

will accrue seniority throughout the period of such employment in the manner prescribed for part-time employees.

10.11 Transfer outside of the Bargaining Unit (a) An employee who is transferred to a position outside of the bargaining

unit for a period of not more than three (3) months, or is seconded to teach for an academic year shall not suffer any loss of seniority, service or benefits.

An employee who is transferred to a position outside of the bargaining

unit for a period of more than three (3) months, but not more than one (1) year shall retain, but not accumulate, her or his seniority held at the time of the transfer. In the event the employee is returned to a position in the bargaining unit, she or he shall be credited with seniority held at the time of transfer and resume accumulation from the date of her or his return to the bargaining unit.

An employee must remain in the bargaining unit for a period of at least

three (3) months before transferring out of the bargaining unit again or she or he will lose all seniority held at the time of the subsequent transfer.

(b) In the event that an employee is transferred to a position outside of the

bargaining unit for a period in excess of one (1) year, she or he will lose all seniority held at the time of transfer. In the event the employee is returned to a position in the bargaining unit, the employee's seniority will accrue from the date of her or his return to the bargaining unit.

- 32 -

LAKER01C18.DOC

(c) It is understood and agreed that an employee may decline such offer to transfer and that the period of time referred to above may be extended by agreement of the parties.

(d) The Employer agrees that it will not make work assignments that violate

the purpose and intent of this provision. The Employer will advise the local Association of the names of any employees performing the duties of positions outside of the bargaining unit pursuant to Articles 10.11 and/or 19.03 (b), the date the assignment commenced, the area of assignment and the duration of such assignments.

e) An employee who accepts a transfer under Article 10.11 will not be

required to pay union dues for any complete calendar month during which no bargaining unit work is performed.

10.12 Work of the Bargaining Unit / Agency (a) Employees who are in supervisory positions excluded from the bargaining

unit shall not perform duties normally performed by employees in the bargaining unit which shall directly cause or result in the layoff, loss of seniority or service or reduction in benefits to employees in the bargaining unit.

Employees will be assigned duties and responsibilities in accordance with

the Regulated Health Professions Act and other applicable statutes and regulations thereto. Employers will not assign such duties and responsibilities to employees not covered by this agreement unless those duties and responsibilities are appropriate to the position occupied by the person to whom the duties and responsibilities are being assigned and are consistent with quality patient/client care.

Unless otherwise agreed by the Union and the Employer, work performed

by full-time employees will not be assigned to part-time employees for the purpose of eliminating full-time positions.

(b) The Employer shall not contract out the work of a bargaining unit

employee if, as a result of such contracting out, any bargaining unit employee other than a casual part-time employee is laid off, displaced or loses hours of work or pay. Prior to contracting out any available work, the Employer will first offer the work on the basis of seniority to regular part-time employees in the bargaining unit. Contracting out to an employer who is organized and who will employ the employees of the bargaining unit who would otherwise be laid off, with similar terms and conditions of employment, is not a breach of this provision. This clause will not apply to the ad hoc use of agency or registry employees for single shift coverage of vacancies due to illness or leaves of absence.

10.13 Integrations / Rationalization In the event of a rationalization or consolidation of any part of the services of the

Employer with those of another hospital or hospitals, the Employer and the Union agree to implement the Guidelines for Employee Transfer Arrangements in Hospital Service Rationalization established by the Ontario Hospital Industry

- 33 -

LAKER01C18.DOC

Labour Management Committee, to the extent possible within the terms of this collective agreement. In implementing the Guidelines the parties will be guided by the following:

(a) The Employer shall notify affected employees and the Union as soon as a

formal decision to rationalize is taken (ref: Guidelines, paragraph 2); (b) The Employer and the Union shall begin discussions concerning the

specifics of the rationalization forthwith after a decision to rationalize is taken (ref: Guidelines, paragraph 3);

(c) As soon as possible in the course of developing a plan for the

implementation of the rationalization the Employer shall notify affected employees and the Union of the projected staffing needs, and their location, which are anticipated to result (ref: Guidelines, paragraph 6); notice to affected employees and the Union shall include the estimated number and types of positions anticipated to be available, and their location, as the result of the rationalization (ref: Guidelines, paragraph 7);

(d) If services in the Employer are to be reduced or eliminated as the result of

a rationalization, or if the employment of employees is otherwise to be affected, the Employer shall prepare a list of the affected employees in order of seniority by jobs for which it considers such employees are eligible. This list will be updated to reflect any changes due to employees leaving or entering the unit (ref: Guidelines, paragraph 7);

(e) If a rationalization is anticipated to result in a loss of employment for

employees at another hospital by reason of the establishment of a new unit or the enlargement or extension of services at the Employer:

i) In the period before a rationalization takes place, where a

permanent vacancy occurs and has not been filled after Article 10.07 has been complied with, the vacancy shall be filled by the senior qualified employee of the other hospital who wishes to make an early transfer. An employee taking such a position shall be treated as a transferring employee and not as a new hire (ref: Guidelines, paragraph 5);

ii) When the rationalization takes place, and when employees

formerly employed by the other hospital or hospitals involved are transferred to the Employer, such employees shall maintain their seniority dates and shall be placed on seniority lists at the Employer accordingly. Thereafter they shall exercise seniority rights in accordance with this agreement (ref: Guidelines, paragraph 13). Following implementation of the rationalization, no employee who has been transferred to the Employer shall suffer a reduction in wages. If the wage grid in effect at the Employer does not correspond to the grid in effect at the employer at which such employees were formerly employed, employees whose wages were not identical to a wage step on the Employer's grid shall be moved to the next higher step. Where the transferring employee's salary exceeds the range maximum, the employee's salary will be maintained (ref: Guidelines, paragraph 14);

- 34 -

LAKER01C18.DOC

iii) Employees who have been transferred to the Employer shall be

subject to the benefit plans of the Employer in the manner provided under the collective agreement. The retention, modification or abandonment of superior conditions and the provisions of sick leave plans, to which employees who have been transferred to the Employer were formerly subject, shall be negotiated between the Union and the Employer. Employees who have been transferred to the Employer shall retain their former level of vacation entitlement or shall be entitled to the level provided by this agreement, whichever is the greater (ref: Guidelines, paragraph 15);

iv) Hours of work shall be those of the Employer (ref: Guidelines,

paragraph 16); v) An employee who has been transferred to the Employer and who

has not completed her or his probationary period at the hospital where she or he was formerly employed shall receive credit for her service during such probationary period, and shall complete the balance of the probationary period required by this agreement. No new probationary period shall be served by an employee who has been transferred to the Employer (ref: Guidelines, paragraph 17).

10.14 Human Resource Plans, Retirement and Separation Allowances (a) Local Human Resource Plans will apply to Health Services Restructuring

Commission directives. In other circumstances, the balance of this Article will apply.

(b) Before issuing notice of long term layoff pursuant to Article 10.08(e)(ii),

and following notice pursuant to Article 10.08(e)(i), the Employer will make offers of early retirement allowance in accordance with the following conditions:

i) The Employer will first make offers in order of seniority on the

unit(s) where layoffs would otherwise occur. ii) The Employer will make offers to employees eligible for early

retirement under the Hospital pension plan (including regular part-time, if applicable, whether or not they participate in the hospital pension plan).

iii) If no employees on the unit affected accept the offer, the

Employer will then extend the offer to other employees in the bargaining unit in order of seniority.

iv) The number of early retirements the Employer approves will not

exceed the number of employees who would otherwise be laid off. An employee who elects an early retirement option shall receive,

following completion of the last day of work, a retirement

- 35 -

LAKER01C18.DOC

allowance of two (2) weeks’ salary for each year of service, to a maximum ceiling of fifty-two (52) weeks’ salary.

(c) Where an employee has received individual notice of long term layoff

under Article 10.08 such employee may resign and receive a separation allowance as follows:

i) Where an employee resigns effective within thirty (30) days after

receiving individual notice of long term layoff, she or he shall be entitled to a separation allowance of two (2) weeks’ salary for each year of continuous service to a maximum of sixteen (16) weeks’ pay, and, on production of receipts from an approved educational program, within twelve (12) months of resignation will be reimbursed for tuition fees up to a maximum of three thousand ($3,000.00) dollars.

ii) Where an employee resigns effective later than thirty (30) days

after receiving individual notice of long term layoff, he or she shall be entitled to a separation allowance of four (4) weeks salary, and, on production of receipts from an approved educational program, within twelve (12) months of resignation will be reimbursed for tuition fees up to a maximum of one thousand two hundred and fifty ($1,250.00) dollars.

10.15 Labour Adjustment Service Provider The Employer and the Union will utilize the services of HSTAP or such other

labour adjustment service provider as the local parties may agree upon for purposes of a jobs registry and for counselling, adjustment, training and development services.

NOTE 1: Seniority lists and layoff and recall rights of part-time employees

shall be separate from full-time employees. ARTICLE 11 - LEAVES OF ABSENCE 11.01 Written requests for a personal leave of absence without pay will be considered

on an individual basis by the Chief Executive Officer, Supervisor or designate. Such requests are to be given as far in advance as possible and a written reply will be given within fourteen (14) days; except in cases of emergency in which case a reply will be given as soon as possible. Such leave shall not be unreasonably withheld.

11.02 (a) Leave for Union Business The Employer agrees to grant leaves of absence, without pay, to employees

selected by the Union to attend to Union business including but not limited to conferences, conventions and Provincial Committee meetings. The cumulative total leave of absence, the amount of notice, the number of employees that may be absent at any one time and from any one area and the number of days is set out in the Appendix of Local Provisions. During such leave of absence, an employee's salary and applicable benefits or percentage in lieu of fringe benefits

- 36 -

LAKER01C18.DOC

shall be maintained by the Employer and the Local Union agrees to reimburse the Employer in the amount of the daily rate of the full-time employee or in the amount of the full cost of such salary and percentage in lieu of fringe benefits of a part-time employee except for Provincial Committee meetings which will be reimbursed by the Union. The Employer will bill the local Union within a reasonable period of time. Part-time employees will receive service and seniority credit for all leaves granted under this Article.

(b) ONA Staff Leave

Upon application in writing by the Union on behalf of an employee to the Hospital, an unpaid leave of absence may be granted to such employee selected for a secondment or a temporary staff position with the Ontario Nurses' Association. Such leave shall not be unreasonably denied or extended beyond twelve (12) months. Notwithstanding Article 10.04, there shall be no loss of service or seniority for an employee during such leave of absence. It is understood that during such leave the employee shall be deemed to be an employee of the Ontario Nurses' Association. The employee agrees to notify the Hospital of her or his intention to return to work at least two (2) weeks prior to the date of such return. The employee shall be reinstated to her or his former position, unless that position has been discontinued, in which case the employee shall be given a comparable job.

11.03 Leave, Board of Directors An employee who is elected to the Board of Directors of the Ontario Nurses'

Association, other than to the office of President, shall be granted upon request such leave(s) of absence as she or he may require to fulfil the duties of the position. Reasonable notice - sufficient to adequately allow the Employer to minimize disruption of its services shall be given to the Employer for such leave of absence. Notwithstanding Article 10.04, there shall be no loss of seniority or service for an employee during such leave of absence. Leave of absence under this provision shall be in addition to the Union leave provided in Article 11.02 above. During such leave of absence, the employee's salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer in the amount of the full cost of such salary and applicable benefits.

11.04 Leave, President, O.N.A. Upon application in writing by the Union on behalf of the employee to the

Employer, a leave of absence shall be granted to such employee elected to the office of President of the Ontario Nurses' Association for a period of up to three (3) consecutive two (2) year terms. Notwithstanding Article 10.04, there shall be no loss of service or seniority for an employee during such leave of absence. During such leave of absence, the employee's salary and applicable benefits shall be maintained by the Employer and the Union agrees to reimburse the Employer in the amount of the full cost of such salary and applicable benefits. It is understood, however, that during such leave the employee shall be deemed to be an employee of the Ontario Nurses' Association. The employee agrees to notify the Employer of her or his intention to return to work at least two (2) weeks prior to the date of such return.

11.05 Bereavement Leave

- 37 -

LAKER01C18.DOC

An employee who notifies the Employer as soon as possible following a bereavement, shall be granted four (4) consecutive working days off without loss of regular pay for scheduled hours, in conjunction with the day of the funeral or a memorial service (or equivalent) of a member of her or his immediate family. "Immediate family" means parent, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, grandparent of spouse, or grandchild. An employee shall be granted one (1) day bereavement leave without loss of regular earnings to attend the funeral of, or a memorial service (or equivalent) for her or his aunt, uncle, niece or nephew. "Spouse" for the purposes of bereavement leave will be defined as in the Family Law Act. “Spouse” for the purposes of bereavement leave will also include a partner of the same sex. “Immediate family” and “In-laws” as set out above shall include the relatives of “spouses” as defined herein. Where an employee does not qualify under the above-noted conditions, the Employer may nonetheless grant a paid bereavement leave. The Employer, in its discretion, may extend such leave with or without pay, particularly where extensive travel is required.

Notwithstanding the above, individuals will be granted flexibility to distribute their

bereavement leave entitlement over two (2) occasions, not exceeding, four (4) days in total, in order to accommodate religious and cultural diversity.

Part-time employees will be credited with seniority and service for all such leave.

11.06 Jury & Witness Duty (a) If a full-time or regular part-time employee is required to serve as a juror

in any court of law, or is required to attend as a witness in a court proceeding in which the Crown is a party, or is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the employee's duties at the employer, the employee shall not lose service/seniority or regular pay because of such attendance and shall not be required to work the night shift prior to, or on the day of such duty provided that the employee:

(i) Notifies the Employer immediately on the employee's notification that she or he will be required to attend court;

(ii) Presents proof of service requiring the employee's attendance;

(iii) Deposits with the Employer the full amount of compensation received excluding mileage, travelling and meal allowances and an official receipt where available.

In addition, where a full-time employee or regular part-time employee is

selected for jury duty for a period in excess of one (1) week, she or he shall be paid for all hours scheduled and not be expected to attend at work. Upon completion of the process the employee shall be returned to that point on her or his former schedule that is considered appropriate by the Employer. It is understood and agreed that the local parties may agree to different scheduling arrangements for the first week of jury and witness duty.

- 38 -

LAKER01C18.DOC

(b) Where the Employer requires an employee to attend any meetings with Employer’s counsel in preparation for a case which either arises from an employee’s employment with the Employer or otherwise involves the Employer, the Employer will make every reasonable effort to schedule such meetings at the workplace during the employee’s regularly scheduled hours of work. If the employee is required to attend such meetings outside of her or his regularly scheduled hours, the employee shall be paid for all hours spent in such meetings at her or his regular straight time hourly rate of pay. Part-time employees will be credited with seniority and service for all such hours paid as provided above while in attendance at such meetings.

11.07 Pregnancy Leave

(a) Pregnancy leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this provision.

(b) The employee shall give written notification at least one (1) month in

advance of the date of commencement of such leave and the expected date of return.

(c) The employee shall reconfirm her intention to return to work on the date

originally approved in subsection (b) above by written notification received by the Employer at least four (4) weeks in advance thereof. The employee shall be reinstated to her former position unless the position has been discontinued in which case she shall be given a comparable job.

(d) Employees newly hired to replace employees who are on approved

pregnancy leave may be released and such release shall not be the subject of a grievance or arbitration. If retained by the Employer, in a permanent position, the employee shall be credited with seniority from date of hire subject to successfully completing her or his probationary period. The employee shall be credited with tours worked (hours worked for employees whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 10.01 (a) to a maximum of 30 tours (225 hours for employees whose regular hours of work are other than the standard work day).

The Employer will outline to employees hired to fill such temporary

vacancies the circumstances giving rise to the vacancy and the special conditions relating to such employment.

(e) The Employer may request an employee to commence pregnancy leave

at such time as the duties of her position cannot reasonably be performed by a pregnant woman or the performance or non-performance of her work is materially affected by the pregnancy.

(f) On confirmation by the Employment Insurance Commission of the

appropriateness of the Hospital’s Supplemental Unemployment Benefit (SUB) Plan, an employee who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment

- 39 -

LAKER01C18.DOC

Insurance Act shall be paid a supplemental employment benefit. That benefit will be equivalent to the difference between eighty-nine percent (89%) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two (2) week Employment Insurance waiting period, and receipt by the Employer of the employee’s Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits, and shall continue for a maximum period of fifteen (15) weeks. The employee’s regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours. The normal weekly hours for a part-time employee shall be calculated by using the same time period used for calculation of the Employment insurance benefit (currently 26 weeks).

Effective for employees commencing pregnancy leave on or after October

9, 2013, on confirmation by the Employment Insurance Commission of the appropriateness of the Hospital’s Supplemental Unemployment Benefit (SUB) Plan, an employee who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance pregnancy benefits pursuant to Section 18 of the Employment Insurance Act shall be paid a supplemental employment benefit. That benefit will be equivalent to the difference between eighty-four percent (84%) of her regular weekly earnings and the sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two (2) week Employment Insurance waiting period, and receipt by the Employer of the employee’s Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy benefits, and shall continue for a maximum period of fifteen (15) weeks. The employee’s regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours. The normal weekly hours for a part-time employee shall be calculated by using the same time period used for calculation of the Employment insurance benefit (currently 26 weeks).

The employee does not have any vested right except to receive payments

for the covered employment insurance period. The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.

The employer shall continue to pay the percentage in lieu of benefits for part-time employees based on the employee’s normal weekly hours for the portion of the parental leave for which SUB payments are being made, i.e. 20 weeks, in addition to pension contributions if applicable.

11.08 Parental Leave

(a) An employee who becomes a parent of a child is eligible to take a

parental leave in accordance with the provisions of the Employment Standards Act, except where amended in this provision.

- 40 -

LAKER01C18.DOC

(b) An employee who has taken a pregnancy leave under Article 11.07 is eligible to be granted a parental leave of up to thirty-five (35) weeks' duration, in accordance with the Employment Standards Act. An employee who is eligible for a parental leave may extend the parental leave for a period of up to twelve (12) months duration, consideration being given to any requirements of adoption authorities. In cases of adoption, the employee shall advise the employer as far in advance as possible with respect to a prospective adoption and shall request the leave of absence, in writing, upon receipt of confirmation of the pending adoption. If, because of late receipt of confirmation of the pending adoption, the employee finds it impossible to request the leave of absence in writing, the request may be made verbally and subsequently verified in writing.

(c) The employee shall be reinstated to her or his former position, unless that

position has been discontinued, in which case the employee shall be given a comparable job.

(d) Employees newly hired to replace employees who are on approved

parental leave may be released and such release shall not be the subject of a grievance or arbitration. If retained by the Employer, in a permanent position, the employee shall be credited with seniority from date of hire subject to successfully completing her or his probationary period. The employee shall be credited with tours worked (hours worked for employees whose regular hours of work are other than the standard work day) towards the probationary period provided in Article 10.01 (a) to a maximum of 30 tours (225 hours for employees whose regular hours of work are other than the standard work day).

The Employer will outline to employees hired to fill such temporary

vacancies, the circumstances giving rise to the vacancy and the special conditions relating to such employment.

(e) On confirmation by the Employment Insurance Commission of the

appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, an employee who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act shall be paid a supplemental employment benefit. That benefit will be equivalent to the difference between eighty-nine percent (89%) of the employee's regular weekly earnings and the sum of her or his weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two week Employment Insurance waiting period, and receipt by the Employer of the employee's Employment Insurance cheque stub as proof that she or he is in receipt of Employment Insurance parental benefits and shall continue while the employee is in receipt of such benefits for a maximum period of twenty-two (22) weeks. The employee's regular weekly earnings shall be determined by multiplying her or his regular hourly rate on her or his last day worked prior to the commencement of the leave times her or his normal weekly hours. The normal weekly hours for a part-time employee shall be calculated by using the same time period used for calculation of the Employment Insurance benefit (currently 26 weeks).

- 41 -

LAKER01C18.DOC

Effective July 1, 2011, on confirmation by the Employment Insurance

Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, an employee who is on parental leave as provided under this Agreement who has applied for and is in receipt of Employment Insurance parental benefits pursuant to Section 20 of the Employment Insurance Act shall be paid a supplemental employment benefit. That benefit will be equivalent to the difference between eighty-four percent (84%) of the employee's regular weekly earnings and the sum of her or his weekly Employment Insurance benefits and any other earnings. Such payment shall commence following completion of the two week Employment Insurance waiting period, and receipt by the Employer of the employee's Employment Insurance cheque stub as proof that she or he is in receipt of Employment Insurance parental benefits and shall continue while the employee is in receipt of such benefits for a maximum period of twenty (20) weeks. The employee's regular weekly earnings shall be determined by multiplying her or his regular hourly rate on her or his last day worked prior to the commencement of the leave times her or his normal weekly hours. The normal weekly hours for a part-time employee shall be calculated by using the same time period used for calculation of the Employment Insurance benefit (currently 26 weeks).

The employee does not have any vested right except to receive payments

for the covered employment insurance period. The plan provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.

The employer shall continue to pay the percentage in lieu of benefits for part-time employees based on the employee’s normal weekly hours for the portion of the parental leave for which SUB payments are being made, i.e. 20 weeks, in addition to pension contributions if applicable.

11.09 Education Leave The parties acknowledge that the responsibility for professional development is shared between the employee and the Employer. In this regard, the local parties will endeavor to provide flexible work schedules to accommodate the employee’s time off requirements.

(a) Leave of absence, without pay, for the purposes of further education

directly related to the employee's employment with the Employer may be granted on written application by the employee to the Chief Executive Officer, Supervisor or designate. Requests for such leave will not be unreasonably denied.

(b) A full-time or regular part-time employee shall be entitled to leave of

absence without loss of earnings from her or his regularly scheduled working hours for the purpose of writing any examinations required in any recognized course in which employees are enrolled to upgrade their qualifications.

- 42 -

LAKER01C18.DOC

For greater clarity, the period of the leave shall include the night shift prior to and any scheduled shifts commencing on the day of the examination as long as payment under this clause does not result in payment for more than one regularly scheduled shift.

The employee agrees to notify the immediate manager of the date of the

examination as soon as possible after she or he has become aware of the date of the exam.

(c) Leave of absence without loss of regular earnings from regularly

scheduled hours for the purpose of attending short courses, workshops or seminars to further professional career development may be granted at the discretion of the Employer upon written application by the employee to the Chief Executive Officer, Supervisor or designate.

(d) Where a Regular part-time employee receives payment under (b) or (c)

above, they shall be credited with seniority and service for all hours paid. 11.10 Professional leave with pay for scheduled hours will be granted to full-time and

regular part-time employees who are elected or appointed to the College to attend scheduled meetings of the College, to a maximum of one day per month for any such employee.

11.11 Pre-Paid Leave Plan The Employer agrees to introduce a pre-paid leave program, funded solely by the

employee, subject to the following terms and conditions:

(a) The plan is available to employees wishing to spread four (4) years' salary over a five (5) year period, in accordance with Part LXVIII of the Income Tax Regulations, Section 6801, to enable them to take a one (1) year leave of absence following the four (4) years of salary deferral.

(b) The employee must make written application to the Chief Executive

Officer or Supervisor at least six (6) months prior to the intended commencement date of the program (i.e., the salary deferral portion), stating the intended purpose of the leave.

(c) The number of employees that may be absent at any one time shall be

determined by local negotiations. The year for purposes of the program shall be September 1 of one year to August 31 the following year or such other twelve (12) month period as may be agreed upon by the employee, the Local Union and the Employer.

(d) Written applications will be reviewed by the Chief Executive Officer,

Supervisor or designate. Leaves requested for the purpose of pursuing further formal education will be given priority. Applications for leaves requested for other purposes will be given the next level of priority on the basis of seniority.

(e) During the four (4) years of salary deferral, 20% of the employee's gross

annual earnings will be deducted and held for the employee and will not

- 43 -

LAKER01C18.DOC

be accessible to her or him until the year of the leave or upon withdrawal from the plan.

(f) The manner in which the deferred salary is held shall be at the discretion

of the Employer. (g) All deferred salary, plus accrued interest, if any, shall be paid to the

employee at the commencement of the leave or in accordance with such other payment schedule as may be agreed upon between the Employer and the employee.

(h) All benefits shall be kept whole during the four (4) years of salary deferral.

During the year of the leave, seniority will accumulate. Service for the purpose of vacation and salary progression and other benefits will be retained but will not accumulate during the period of leave. Full-time employees shall become responsible for the full payment of premiums for any health and welfare benefits in which they are participating. Contributions to the Hospitals of Ontario Pension Plan will be in accordance with the Plan. Full-time employees will not be eligible to participate in the disability income plan during the year of leave.

(i) An employee may withdraw from the plan at any time during the deferral

portion provided three (3) months notice is given to the Chief Executive Officer or Supervisor. Deferred salary, plus accrued interest, if any, will be returned to the employee, within a reasonable period of time.

(j) If the employee terminates employment, the deferred salary held by the

Employer plus accrued interest, if any, will be returned to the employee within a reasonable period of time. In case of the employee's death, the funds will be paid to the employee's estate.

(k) The Employer will endeavour to find a temporary replacement for the

employee as far in advance as practicable. If the Employer is unable to find a suitable replacement, it may postpone the leave. The Employer will give the employee as much notice as is reasonably possible. The employee will have the option of remaining in the Plan and rearranging the leave at a mutually agreeable time or of withdrawing from the Plan and having the deferred salary, plus accrued interest, if any, paid out to the employee within a reasonable period of time.

(l) The employee will be reinstated to her or his former position unless the

position has been discontinued, in which case the employee shall be given a comparable job.

(m) Final approval for entry into the pre-paid leave program will be subject to

the employee entering into a formal agreement with the Employer in order to authorize the Employer to make the appropriate deductions from the employee's pay. Such agreement will include:

i) A statement that the employee is entering the pre-paid leave program in accordance with Article 11.11 of the Collective Agreement.

- 44 -

LAKER01C18.DOC

ii) The period of salary deferral and the period for which the leave is requested.

iii) The manner in which the deferred salary is to be held.

The letter of application from the employee to the Employer to enter the pre-paid leave program will be appended to and form part of the written agreement. NOTE: The local parties may agree to a time frame that is different from that referenced in (a) above, in which case the provisions of this article will apply with the necessary changes.

11.12 Secondments

(a) An employee, who is seconded from the Employer to a bipartite or

tripartite committee/position involving the Health Sector or the Broader Public Sector, or the Ministry of Health and Long Term Care (MOHLTC) shall be granted a leave of absence without pay for a period of up to five (5) years. Notwithstanding Article 10.04 there shall be no loss of seniority or service during such leave. Subject to the agreement of the agency to which the employee is seconded, the employee's salary and applicable benefits shall be maintained by the employer and the employer shall be reimbursed for the full cost of salary and applicable benefits by the agency to which the employee is seconded. The employee agrees to notify the Employer of her or his intention to return to work at least two (2) weeks prior to the date of such return.

(b) The Employer shall seek the Union’s agreement to establish secondment arrangements. Such agreement shall not be unreasonably denied. The terms and conditions will be established by agreement of the parties. An employee, who is seconded to another Employer, for a period not greater than one (1) year, shall not suffer any loss of seniority, service or benefits for the duration of the secondment. Notwithstanding Article 10.12, the parties also agree that the Employer may allow an employee from another hospital to be seconded to the corporation for a period not greater than one (1) year. It is understood that this employee remains the employee of the sending hospital and is subject to the terms and conditions of employment of that hospital. If the seconded employee is not covered by an ONA collective agreement, the Employer will ensure that the Union receives the equivalent of the dues remittance for all such workers.

11.13 Family Medical Leave

(a) An employee is entitled to family medical leave in accordance with the provisions of the Employment Standards Act, except where amended in this provision.

(b) An employee shall advise the hospital as far in advance as possible with

respect to the leave of absence.

- 45 -

LAKER01C18.DOC

(c) The employee shall be reinstated to her or his former position, unless that position has been discontinued, in which case the employee shall be given a comparable job.

11.14 Military Leave

An employee will be granted unpaid leave without loss of seniority in order to meet any obligations pertaining to the Canadian Military Reserve. The employee will give as much notice as reasonably possible.

ARTICLE 12 - SICK LEAVE AND LONG-TERM DISABILITY (Articles 12.01 to 12.09 apply to full-time employees only, save and except 12.02, 12.03 and 12.09 which also apply to part-time employees) 12.01 The Employer will assume total responsibility for providing and funding a short-

term sick leave plan at least equivalent to that described in the 1992 Hospitals of Ontario Disability Income Plan brochure.

The Employer will pay 75% of the billed premium towards coverage of eligible

employees under the long-term disability portion of the Plan (HOODIP or an equivalent plan). The employee will pay the balance of the billed premium through payroll deduction. For the purpose of transfer to the short-term portion of the disability program, employees on the payroll as of the effective date of the transfer with three (3) months or more of service shall be deemed to have three (3) months of service. For the purpose of transfer to the long-term portion of the disability program, employees on the active payroll as of the effective date of the transfer with one (1) year or more of service shall be deemed to have one (1) year of service.

12.02 When an employee has completed any portion of her or his regularly scheduled

tour prior to going on sick leave benefits or WSIB benefits, the employee shall be paid for the balance of the tour at her or his regular straight time hourly rate. This provision will not disentitle the employee to a lieu day under Article 15.05 if she or he otherwise qualifies.

12.03 Employees returning to work from an illness or injury compensable under WSIB

will be assigned modified work as necessary, if available. 12.04 The Union will advise the employee to utilize the carrier’s medical appeal process

to resolve disputes prior to hearing the matter at arbitration. 12.05 No sick pay benefit is payable under HOODIP for the first fifteen (15) hours of

absence for the sixth (6th) and subsequent period(s) of absence in the same fiscal year (April 1st through March 31st).

12.06 For employees whose regular hours of work are other than the standard work

day, the short term sick leave plan will provide payment for the number of hours of absence according to the scheduled tour to a total of 562.5 hours. All other provisions of the existing plan shall apply mutatis mutandis.

- 46 -

LAKER01C18.DOC

12.07 Absences due to pregnancy related illness shall be considered as sick leave under the sick leave plan.

12.08 An employee who is absent from work as a result of an illness or injury sustained

at work and who has been awaiting approval of a claim for WSIB for a period longer than one complete tour or more may apply to the Employer for payment equivalent to the lesser of the benefit the employee would receive from WSIB if the employee's claim was approved, or the benefit to which the employee would be entitled under the short term sick portion of the disability income plan (HOODIP or equivalent plan). Payment will be provided only if the employee provides evidence of disability satisfactory to the Employer and a written undertaking satisfactory to the Employer that any payments will be refunded to the Employer following final determination of the claim by The Workplace Safety and Insurance Board. If the claim for WSIB is not approved, the monies paid as an advance will be applied towards the benefits to which the employee would be entitled under the short term portion of the disability income plan. Any payment under this provision will continue for a maximum of fifteen (15) weeks.

12.09 If the Employer requires the employee to obtain a medical certificate, the

employer shall pay the full cost of obtaining the certificate. A medical certificate will include a certificate from a nurse practitioner and/or midwife in the context of the employee’s pregnancy.

12.10 Attendance Management Days of absence arising out of a medically-established serious chronic condition,

an ongoing course of treatment, a catastrophic event, absence for which WSIB benefits are payable, medically necessary surgical interventions, or days where the employee is asymptomatic and is under a doctor’s care from the commencement of symptoms for a confirmed communicable disease (and has provided medical substantiation of such symptoms) but is required to be absent under the Hospital or public health authority protocol, will not be counted for the purposes of being placed on, or progressing through, the steps of an attendance management program. Leaves covered under the Employment Standards Act, 2000 and leaves under Article 11 will not be counted for the purposes of being placed on, or progressing through, the steps of an attendance management program.

NOTE: This clause shall be interpreted in a manner consistent with the Ontario Human Rights Code.

ARTICLE 13 - HOURS OF WORK 13.01 The following provision designating regular hours on a daily tour and regular daily

tours over the schedule determined by the Employer shall not be construed to be a guarantee of the hours of work to be performed on each tour or during each tour schedule.

Subject to Article 13.02 below:

(a) The normal daily tour shall be seven and one-half (7 1/2) consecutive hours in any twenty-four (24) hour period exclusive of an unpaid one-half

- 47 -

LAKER01C18.DOC

(1/2) hour meal period, it being understood that at the change of tour there will normally be additional time required for reporting which shall be

considered to be part of the normal daily tour, for a period of up to fifteen (15) minutes duration. Should the reporting time extend beyond fifteen (15) minutes, however, the entire period shall be considered overtime for the purposes of payment under Article 14.

(b) Employees shall be entitled, subject to the exigencies of patient/client

care, to relief periods during the tour on the basis of fifteen (15) minutes for each half tour. The scheduling of meal periods and relief periods shall be determined by local negotiations.

(c) The regular daily tours of duty of a full-time employee shall average five

(5) days per week over the schedule determined by the Employer. Full-time schedules shall be determined by local negotiation.

(d) Where an employee notifies her or his supervisor that she or he has been

or will be unable to take the normal lunch break due to the requirement of providing patient/client care, such employee shall be paid time and one half (1 1/2) her or his regular straight time hourly rate for all time worked in excess of her or his normal daily hours.

(e) The Employer shall not enter into any agreement with employees under

Section 17 (2) of the Employment Standards Act, 2000 that conflicts with the collective agreement.

13.02 Where employees are now working a longer daily tour, the provisions set out in

this Article governing the regular hours of work on a daily tour shall be adjusted accordingly.

The normal daily extended tour shall be 11.25 consecutive hours in any 24-hour

period, exclusive of a total of forty-five (45) minutes of unpaid meal time. Employees shall be entitled, subject to the exigencies of patient/client care, to

relief periods during the tour of a total of forty-five (45) minutes. The scheduling of meal and relief periods shall be determined by local

negotiations. The introduction or discontinuance of longer daily tours shall be determined by

local negotiations. Where the Union and the Employer agree to an extended daily tour that differs

from the normal daily extended tour, the provisions set out in this agreement shall be adjusted accordingly and recorded in the Appendix of Local Provisions.

13.03 Innovative Unit Scheduling Schedules other than those included in Articles 13.01 and 13.02 may be

developed in order to improve quality of working life, support continuity of patient/client care, ensure adequate staffing resources, and support cost-efficiency. The parties agree that such innovative schedules may be determined locally by the Employer and the Union subject to the following principles:

- 48 -

LAKER01C18.DOC

(a) Such schedules shall be established by mutual agreement of the

Employer and the Union; (b) These schedules may pertain to full-time and/or part-time employees; (c) The introduction of such schedules and trial periods, if any, shall be

determined by the local parties and recorded in the Appendix of Local Provisions. Such schedules may be discontinued by either party with notice as determined within the Appendix of Local Provisions;

(d) Upon written agreement of the Employer and the Union, the parties may

agree to amend collective agreement provisions to accommodate any innovative unit schedules.

13.04 Unit Weekend Worker A unit weekend schedule may be developed in order to meet the Employer’s

need for weekend staff, and individual employees’ preference for a weekend work schedule.

A unit weekend schedule is defined as a schedule in which a full-time weekend

worker works a weekly average of thirty (30) hours and is paid for 37.5 hours at her or his regular straight time hourly rate. The schedule must include two 11.25 hour tours, which fall within a weekend period as determined by the Employer and the Union. An employee working a weekend schedule will work every weekend except as provided for in the provisions below.

If the Employer and the Union agree to a unit weekend schedule, the introduction

of that schedule and the manner in which the position(s) are filled, shall be determined by the local parties and recorded in the Appendix of Local Provisions. This unit schedule may be discontinued by either party with notice as determined within the Appendix of Local Provisions. The opportunity for an individual weekend worker to discontinue this schedule shall be resolved by the local parties: (a) Weekend and shift premiums shall not be paid. (b) Vacation Bank Vacation entitlement is determined by Article 16.01. For the purposes of

Article 16.01(f), hours worked or credited as paid leave will be based on an accelerated rate of 1.25 hours credit for each hour worked.

Mechanism for the vacation bank is determined by current local practices. Drawing from the vacation bank will occur at an accelerated rate of 1.25

paid hours for every hour taken as vacation (i.e. 11.25 hours worked equals 14.0625 hours paid; 7.5 hours worked equals 9.375 hours paid).

Vacation must be taken as a full weekend off (i.e. Saturday and Sunday).

The maximum number of weekends off cannot exceed the week entitlement level determined by Article 16.01.

- 49 -

LAKER01C18.DOC

Single vacation days may be taken on weekdays, which need not be in

conjunction with the Saturday and Sunday. Single vacation days may be taken on the weekend provided no replacement is required.

Cash out and carry out provisions for the bank will be defined locally. Article 16.04 (a), (b) and (c) do not apply. (c) Paid Holiday Bank Employees qualify in accordance with the collective agreement. The paid

holidays are identified in the Local Appendix. Credit to the paid holiday bank will occur on the date of the holiday. Drawing from the paid holiday bank will occur at an accelerated rate of

1.25 hours paid for every hour taken (i.e. 11.25 hours worked equals 14.05 hours paid; 7.5 hours worked equals 9.375 hours paid).

If an employee works on a paid holiday as defined by the local parties,

she or he will receive one and one-half (1-1/2) pay for all hours worked on a holiday. The employee will not receive a lieu day. Article 14.04 also applies.

The holiday bank can be used as income replacement for absences due

to illness or for lieu time off on a weekday. Cash-out and carry-over provisions for the bank will be resolved locally. (d) Sick Leave The employee may utilize the paid holiday bank as income replacement

for absences due to illness, as described in Article (c) above. The employee is eligible for long term disability benefits as described in

Article 12. An employee will not receive pay for the first seventeen (17) weeks of any period of absence due to a legitimate illness. Subject to the availability of paid holiday banked hours, the employee will be eligible for Employment Insurance for weeks three (3) through seventeen (17) for any absence due to a legitimate illness. The Employer will provide the employee with sixty-five (65%) percent of her or his regular earnings for weeks eighteen (18) through thirty (30) for any absence due to a legitimate illness.

Employees may be required to provide medical proof of illness for any

absence of a scheduled shift, which is neither vacation nor an approved leave of absence. It is agreed and understood that Article 18.04 will apply in these circumstances.

The provision of medical certificates shall be subject to Article 12.09. (e) Leaves of Absence

- 50 -

LAKER01C18.DOC

Article 11 applies for both paid and unpaid leaves. For the purposes of an

unpaid 11.25 hour shift, the deduction from pay shall equate to 14.05 hours. For the purposes of an unpaid 7.5 hour shift, the deduction from pay shall equate to 9.375 hours.

(f) Tour Exchange Weekend tour exchanges will be permitted only between weekend tour

employees. Weekday tour exchanges will be permitted provided the Employer does not incur additional costs.

In all instances of tour exchange, the tours must be of the same duration. (g) Overtime Overtime will begin to accrue after sixty (60) hours in a two (2) week

period averaged over the scheduling period determined by the local parties.

Overtime will apply if the employee works in excess of the normal daily

hours. Payment for overtime is as in Article 14.01(a). (h) Scheduling Provisions The scheduling and premium provisions relating to consecutive weekends

off in the local appendix do not apply to employees who accept positions under this provision.

(i) Christmas Period The local provisions relating to scheduling during this period will apply,

except as modified to confirm that the weekend tour employee will continue to work weekends during this period.

13.05 Individual Special Circumstance Arrangements Notwithstanding Article 2.04, the Employer and the Union may agree in certain

circumstances, the schedule of an individual full-time employee may be adjusted to enable an average weekly work assignment of 30 to 37.5 hours. (a) Such an arrangement shall be established by mutual agreement of the

Employer and the Union and the employee affected. The parties agree that the arrangement applies to an individual, not to a position.

b) The parties shall determine the introduction of a special circumstance

arrangement. Issues related to vacation, paid holidays and benefit coverage will be determined by the Employer and the Union. The employee will retain full-time status, including but not limited to seniority and service.

- 51 -

LAKER01C18.DOC

The parties agree that for pension purposes, there will be no reduction in the normal 37.5 hours per week pension contributions made by an employee and/or the Hospital under this provision, nor shall there be proration of Extended Health Care, Semi-Private or Dental benefits.

(NOTE: If the above proposal is satisfactory to HOOPP and Revenue

Canada) (c) Any party may discontinue the special circumstance arrangement with

notice as determined within the agreement. In the event that the employee affected resigns, transfers, is laid off or terminated, the arrangement will be deemed to be discontinued immediately, unless the parties mutually agree otherwise.

ARTICLE 14 - PREMIUM PAYMENT 14.01 (a) (Article 14.01(a) applies to full-time employees only)

If an employee is authorized to work in excess of the hours referred to in Article 13.01 (a) or (c), she or he shall receive overtime premium of one and one-half (1 1/2) times her or his regular straight time hourly rate. Notwithstanding the foregoing, no overtime premium shall be paid for a period of less than fifteen (15) minutes of overtime work where the employee is engaged in reporting functions at the end of her or his normal daily tour. If authorized overtime amounts to fifteen (15) minutes or more, overtime premium shall be paid for the total period in excess of the normal daily tour. Overtime premium will not be duplicated for the same hours worked under Article 13.01 (a) and (c) nor shall there be any pyramiding with respect to any other premiums payable under the provisions of this Collective Agreement. Nothing herein will disentitle the employee to payment of the normal tour differential provided herein. For purpose of clarity, an employee who is required to work on her or his scheduled day off shall receive overtime premium of one and one-half (1 1/2) times her or his regular straight time hourly rate. This is not intended to entitle the employee to be paid for work performed while engaged in the reporting functions as provided herein.

(b) (Article 14.01(b) applies to part-time employees only.) If a part-time employee is authorized to work in excess of the hours

referred to in Article 13.01 (a), she or he shall receive overtime premium of one and one-half (1 1/2) times her or his regular straight time hourly rate. A part-time employee (including casual employees but not including part-time employees who are filling temporary full-time vacancies) who works in excess of seventy-five (75) hours in a two (2) week period shall receive time and one-half (1 1/2) her or his regular straight time hourly rate for all hours worked in excess of seventy-five (75). A part-time employee who is filling a temporary full-time vacancy shall receive time and one-half (1 1/2) her or his regular straight time hourly rate for all hours worked in excess of an average of 37 1/2 hours per week over the full-time schedule determined by the Employer. Such averaging will commence at the conclusion of the two week period following the

- 52 -

LAKER01C18.DOC

employee's transfer to the temporary full-time position and will end at the conclusion of the two week period prior to the employee's return to her or his former position. Notwithstanding the foregoing, no overtime premium shall be paid for a period of less than fifteen (15) minutes of overtime work where the employee is engaged in reporting functions at the end of her or his normal daily tour. If authorized overtime amounts to fifteen (15) minutes or more, overtime premium shall be paid for the total period in excess of the normal daily tour. Overtime premium will not be duplicated for the same hours worked under Article 13.01 (a) nor shall there be any pyramiding with respect to any other premiums payable under the provisions of this Collective Agreement. Nothing herein will disentitle the employee to payment of the normal tour differential provided herein. This is not intended to entitle the employee to be paid for work performed while engaged in the reporting functions as provided herein.

14.02 Notwithstanding the foregoing, overtime will not be paid for additional hours

worked during a twenty-four (24) hour period either as a result of change in tour on the request of an employee or a change-over to daylight saving from standard time or vice versa or an exchange of tours by two employees.

14.03 Work scheduled by the Employer to which a premium is attached under

scheduling regulations contained in the collective agreement shall be paid at one and one-half (1 1/2) times the employee's regular straight time hourly rate or as otherwise provided.

14.04 Where an employee is required to work on a paid holiday or on an overtime tour

or on a tour that is paid at the rate of time and one-half (1 1/2) the employee's regular straight time hourly rate as a result of 14.03 above and the employee is required to work additional hours following her or his full tour on that day (but not including hours on a subsequent regularly scheduled tour for such employee) such employee shall receive two (2) times her or his regular straight time hourly rate for such additional hours worked. Where an employee is called back from standby and works in excess of the hours of a normal shift, such employee shall receive two (2) times her or his regular straight time hourly rate for such additional hours worked.

14.05 An employee who reports for work as scheduled, unless otherwise notified by the

Employer, shall receive a minimum of four (4) hours' pay at her or his regular straight time hourly rate. The employee shall be required to perform any duties assigned by the Employer which she or he is capable of doing, if her or his regular duties are not available.

14.06 Where a full-time or regular part-time employee has completed her or his

regularly scheduled tour and left the Employer and is called in to work outside her or his regularly scheduled working hours, or where an employee is called back from standby, such employee shall receive time and one-half (1 1/2) her or his regular straight time hourly rate for all hours worked with a minimum guarantee of four (4) hours' pay at time and one-half (1 1/2) her or his regular straight time hourly rate except to the extent that such four (4) hour period overlaps or extends into her or his regularly scheduled shift. In such a case, the employee will receive time and one-half (1 1/2) her or his regular straight time hourly rate for actual hours worked up to the commencement of her or his regular shift.

- 53 -

LAKER01C18.DOC

14.07 An employee who is required to remain available for duty on standby outside her

or his regularly scheduled working hours shall receive standby pay in the amount of three dollars and seventy cents ($3.70) per hour for the period of standby scheduled by the Employer. Where such standby duty falls on a paid holiday, as set out in the Appendix of Local Provisions, the employee shall receive standby pay in the amount of five dollars and five cents ($5.05) per hour. Standby pay shall, however, cease where the employee is called in to work under Article 14.06 above and works during the period of standby.

14.08 The regular straight time hourly rate for an employee will be the hourly rate in the

wage schedule set forth in Article 19.01 (a). 14.09 (Article 14.09 applies to full-time employees only) Where an employee has worked and accumulated approved hours for which she

or he is entitled to be paid premium pay (other than hours relating to working on paid holidays) such employee shall have the option of electing payment at the applicable premium rate or time off equivalent to the applicable premium rate (i.e., where the applicable rate is time and one-half (1 1/2) then time off shall be at time and one-half (1 1/2)). Where an employee chooses equivalent time off such time off must be taken within the period set out in the Appendix of Local Provisions or payment in accordance with the former option shall be made.

The application of this clause for part-time employees will be determined by the

local parties. 14.10 (a) An employee shall be paid a shift premium two dollars and twenty-five

cents ($2.25) per hour for each hour worked which falls within the hours defined as an evening shift and two dollars and sixty-five cents ($2.65) for each hour worked which falls within the hours defined as a night shift provided that such hours exceed two (2) hours if worked in conjunction with the day shift. Tour differential will not form part of the employee’s straight time hourly rate. For purposes of this provision, the night shift and the evening shift each consist of 7.5 hours. The defined hours of a night and evening shift are specified in D. 02.

(b) When an employee is required to work flexible hours (other than those

referred to in Article D), in order to provide more accessible service to clients the employee shall receive the shift premium as noted above for all hours that are referred to in Article D, as “evening shift” or “night shift”.

14.11 Ambulance Escort

Where an employee is assigned to provide patient/client care for a patient/client in transit, the following provisions shall apply:

(a) i) Where a full-time employee performs such duties during her or his

regular shift, the full time employee shall be paid her or his regular rate of pay. Where a full-time employee performs such duties outside her or his regular shift or on a day off, she or he shall be paid the appropriate overtime rate.

- 54 -

LAKER01C18.DOC

ii) Where a part-time employee performs such duties during an assigned shift, she or he shall be paid her or his regular rate of pay. Where a part-time employee continues to perform such duties in excess of her or his assigned shift, she or he shall be paid the appropriate overtime rate.

(b) Where such duties extend beyond the employee's regular shift, the

Employer will not require the employee to return to regular duties at the Employer without at least eight (8) hours of time off. Where such time off extends into the employee's next regularly scheduled shift she or he will maintain her or his regular earnings for that full shift.

(c) Hours spent between the time the employee is relieved of patient/client

care responsibilities and the time the employee returns to the work site or to such other location agreed upon between the Employer and the employee will be paid at straight time or at appropriate overtime rates, if applicable under Article 14.01. It is understood that the employee shall return to the work site or to such other location agreed upon between the Employer and the employee at the earliest opportunity. Prior to the employee's departure on escort duty, or at such other time as may be mutually agreed upon between the Employer and the employee, the Employer will establish with the employee arrangements for return travel.

(d) The employee shall be reimbursed for reasonable out of pocket expenses

including room, board and return transportation and consideration will be given to any special circumstances not dealt with under the foregoing provisions.

14.12 (a) (Article 14.12(a) applies to full-time employees only)

The posting of work schedules shall be as set out in the Appendix of Local Provisions. It shall be the responsibility of the employee to consult posted work schedules. The Employer will endeavour to provide as much advance notice as is practicable of a change in the posted schedule. Changes to the posted work schedule shall be brought to the attention of the employee. Where less than forty-eight (48) hours' notice is given personally to the employee, time and one-half (1 1/2) of the employee's regular straight time hourly rate will be paid for all hours worked on the employee's next shift worked.

Where less than forty-eight (48) hours notice is given personally to the

employee for the cancellation of a shift that was added to her or his schedule, time and one half (1-1/2) the employee’s straight time hourly rate will be paid on the employee’s next shift worked. This shall not include shifts added to her or his schedule within the same forty-eight (48) hour notice period.

Where an employee is cancelled without the required notice on two (2) or

more separate occasions prior to working her or his next shift(s), premium pay under this provision will be extended to subsequent shifts worked, such that the number of premium paid shifts equal the number of such separate occasions.

- 55 -

LAKER01C18.DOC

Where a shift that attracts premium pay pursuant to this provision is otherwise a premium paid tour, she or he will be paid two times her or his straight time hourly rate for all hours worked on that tour.

(b) (Article 14.12(b) applies to part-time employees only)

i) The posting of work schedules for regular part-time employees

shall be determined by local negotiations. It shall be the responsibility of the regular part-time employee to consult posted work schedules. The Employer will endeavour to provide as much advance notice as is practicable of a change in the posted schedule. Changes to the posted work schedule shall be brought to the attention of the regular part-time employee.

ii) Where less than twenty-four (24) hours’ notice is given personally

to the regular part-time employee, time and one-half (1 ½) of the employee’s regular straight time hourly rate will be paid for all hours worked on the employee’s next shift worked.

Where less than twenty-four (24) hours notice is given personally

to the employee for the cancellation of a shift that was added to her or his schedule, time and one half (1-1/2) the employee’s straight time hourly rate will be paid on the employee’s next shift worked. This shall not include shifts added to her or his schedule within the same twenty-four (24) hour notice period.

Such changes shall not be considered a lay off.

Where an employee is cancelled without the required notice on

two (2) or more separate occasions prior to working her or his next shift(s), premium pay under this provision will be extended to subsequent shifts worked, such that the number of premium paid shifts shall equal the number of such separate occasions.

Where a shift attracts premium pay pursuant to this provision is

otherwise a premium paid tour, she or he will be paid two (2) times her or his straight time hourly rate for all hours worked on that tour.

iii) Where an employee is called in to work a regular shift less than

two (2) hours prior to the commencement of the shift, and arrives within one (1) hour of the commencement, then the employee will be paid for a full tour provided that the employee works until the normal completion of the tour.

iv) Casual part-time employees whose work schedule has been

pre-scheduled and whose schedule is changed with less than twenty-four (24) hours notice then paragraph (b) - shall apply to casual part-time employees.

(c) Where the Employer is encountering problems around the provision of

personal notice to employees, the parties will endeavour to resolve these concerns at the Labour Management Committee.

- 56 -

LAKER01C18.DOC

14.13 When an employee is required to travel to the work site or to return home as a

result of reporting to or off work between the hours of 2400 - 0600 hours, or at any time while on standby, the Employer will pay transportation costs either by taxi or by the employee's own vehicle at the rate of thirty-five cents ($0.35) per kilometre, or the Corporate rate, whichever is higher. The employee will provide to the Employer satisfactory proof of payment of such taxi fare.

14.14 An employee who works a second consecutive full tour shall be entitled to the

normal rest periods and meal period for the second tour, but shall be provided at the time of the meal period with a hot meal or six dollars ($6.00) if the Employer is unable to provide the hot meal. Other employees required to work more than two (2) hours overtime on the same day they have worked a full tour shall, after the two (2) hours, receive a 1/2 hour paid meal period and shall be provided with a hot meal or six dollars ($6.00) if the Employer is unable to provide the hot meal.

14.15 An employee shall be paid a weekend premium of two dollars and eighty cents

($2.80) per hour for each hour worked between 2300 hours Friday and 2300 hours Sunday. If an employee is receiving premium pay under Article 14.03, with respect to consecutive weekends worked, the employee will not receive weekend premium under this provision.

ARTICLE 15 - PAID HOLIDAYS (Articles 15.01 to 15.06 applies to full-time employees only)

15.01 An employee who otherwise qualifies under Article 15.02 hereunder shall receive

twelve (12) paid holidays as designated in Article F. In the event that the Provincial Government declares an additional holiday (such

as Heritage Day) during the term of this Agreement, such holiday will be substituted for one of the above-mentioned holidays. The designation of the additional holiday for an existing holiday shall be subject to local determination and such designation shall not add to the present number of holidays.

15.02 In order to qualify for pay for a holiday, an employee shall complete her or his full

scheduled shift on each of the working days immediately preceding and following the holiday concerned unless excused by the Employer or the employee was absent due to:

(a) Legitimate illness or accident which commenced within a month of the date of the holiday;

(b) Vacation granted by the Employer;

(c) The employee's regular scheduled day off;

(d) A paid leave of absence provided the employee is not otherwise compensated for the holiday.

An employee entitled to holiday pay hereunder shall not receive sick leave pay to

which she or he may otherwise have been entitled unless she or he was

- 57 -

LAKER01C18.DOC

scheduled to work that day. An employee receiving WSIB Benefits for the day of the holiday shall, subject to the above provisions, be entitled to the difference between the amount of the WSIB Benefits and the holiday pay.

15.03 Holiday pay will be computed on the basis of the employee's regular straight time

hourly rate of pay times the number of hours for a normal daily tour as set out in Article 13.01 (a).

15.04 Subject to Article 15.02:

(a) Where a holiday falls during an employee's scheduled vacation period, the employee's vacation shall be extended by one (1) day unless the employee and the Employer agree to schedule a different day off with pay.

(b) Where a holiday falls on an employee's scheduled day off an additional

day off with pay will be scheduled. 15.05 An employee required to work on any of the foregoing holidays shall be paid at

the rate of time and one-half (1 1/2) the employee's regular straight time hourly rate of pay for all hours worked on such holiday subject to Article 14.04. In addition, the employee will receive a lieu day off with pay in the amount of her or his regular straight time hourly rate of pay times the number of hours in a normal daily tour as set out in Article 13.01 (a).

NOTE: Employees on extended tours shall receive twelve (12) lieu days off to

consist of seven and one-half (7.5) hours each. 15.06 Where an employee is entitled to a lieu day under Article 15.04 or 15.05 above,

such day off must be taken within a period as set out in the Appendix of Local Provisions or payment shall be made in accordance with Article 15.03.

15.07 (Article 15.07 applies to part-time employees only) If a regular or casual part-time employee works on any of the holidays listed in

Article 15.01 of this Agreement, she or he shall be paid at the rate of time and one-half (1½) her or his regular straight time hourly rate (as set out in the Wage Schedule) for all hours worked on such holiday, subject to the application of Article 14.04 regarding hours worked in addition to her or his full tour.

ARTICLE 16 – VACATIONS (Articles 16.01 to 16.04 apply to full-time employees only) 16.01 All employees shall receive vacations with pay based on length of full-time

continuous service as follows:

(a) Employees who have completed less than one (1) year of full-time continuous service shall be entitled to a vacation on the basis of 1.25 days (9.375 hours for employees whose regular hours of work are other than the standard work day) for each completed month of service with pay in the amount of 6% of gross earnings.

- 58 -

LAKER01C18.DOC

(b) Employees who have completed one (1) or more years of full-time

continuous service shall be entitled to an annual vacation of three (3) weeks with three (3) weeks' pay (112.5 hours' pay for employees whose regular hours of work are other than the standard work day), provided the employee works or receives paid leave for a total of at least 1525 hours in the vacation year.

(c) Employees who have completed three (3) or more years of full-time

continuous service shall be entitled to an annual vacation of four (4) weeks with four (4) weeks' pay (150 hours' pay for employees whose regular hours of work are other than the standard work day), provided the employee works or receives paid leave for a total of at least 1525 hours in the vacation year.

(d) Employees who have completed eleven (11) or more years of full-time

continuous service (as of the date for determining vacation entitlement in the individual Employer) shall be entitled to an annual vacation of five (5) weeks with five (5) weeks' pay (187.5 hours' pay for employees whose regular hours of work are other than the standard work day), provided the employee works or receives paid leave for a total of at least 1525 hours in the vacation year.

(e) Employees who have completed twenty (20) years or more of full-time

continuous service (as of the date for determining vacation entitlement in the individual hospital) shall be entitled to an annual vacation of six (6) weeks' with six (6) weeks' pay (225 hours' pay for employees whose regular hours of work are other than the standard work day), provided the employee works or receives paid leave for a total of at least 1525 hours in the vacation year.

(f) Employees who have completed twenty-five (25) years or more of full-

time continuous service shall be entitled to an annual vacation of seven (7) weeks with seven (7) weeks’ pay (262.5 hours’ pay for employees whose regular hours of work are other than the standard work day), provided the employee works or receives paid leave for a total of at least 1525 hours in the vacation year.

(g) If an employee works or receives paid leave for less than 1525 hours in

the vacation year she or he will receive vacation pay based on a percentage of her or his gross salary for work performed on the following basis:

2 week entitlement - 4% 3 week entitlement - 6% 4 week entitlement - 8% 5 week entitlement - 10% 6 week entitlement - 12% 7 week entitlement - 14%

NOTE: Employees who presently enjoy better vacation benefits shall continue to receive such better benefits while employed by the Hospital.

- 59 -

LAKER01C18.DOC

16.02 An employee who leaves the employ of the Employer for any reason shall be entitled to receive any unpaid vacation pay which has accrued to her or him to the date of her or his separation, it being understood and agreed that the employee will provide at least two (2) weeks' notice of termination.

16.03 For the purpose of vacation entitlement, service for those employees whose

status is changed from part-time to full-time or vice versa, shall mean the combined service as a part-time and full-time employee employed by the Employer and accumulated on a continuous basis. For the purpose of this Article, 1500 hours of part-time service shall equal one (1) year of full-time service and vice versa.

16.04 (a) Where an employee's scheduled vacation is interrupted due to serious

illness which commenced prior to and continues into the scheduled vacation period, the period of such illness shall be considered sick leave.

(b) Where an employee's scheduled vacation is interrupted due to serious

illness requiring the employee to be an in-patient in a hospital, the period of such hospitalization shall be considered sick leave.

(c) The portion of the employee's vacation, which is deemed to be sick leave

under the above provisions, will not be counted against the employee's vacation credits.

(d) Where an employee's scheduled vacation is interrupted due to

bereavement, or jury and witness duty, the employee shall be entitled to bereavement leave or jury and witness duty in accordance with Article 11.05 and 11.06.

(e) The portion of the employee's vacation which is deemed to be

bereavement leave or jury and witness duty under the above provisions will not be counted against the employee's vacation credits.

(Articles 16.05 to 16.07 apply to part-time employees only).

16.05 All regular part-time employees shall be entitled to vacation pay based upon the applicable percentage provided in accordance with the vacation entitlement of full-time employees, of their gross earnings in the preceding year. If an employee works or receives paid leave for less than 1100 hours in the vacation year she or he will receive vacation pay based on a percentage of her or his gross salary for work performed on the following basis:

2 week entitlement - 4% 3 week entitlement - 6% 4 week entitlement - 8% 5 week entitlement - 10% 6 week entitlement - 12% 7 week entitlement - 14%

Equivalent years of service, calculated pursuant to the formula set out in Article

16.03, shall be used to determine vacation entitlement. Casual part-time employees will be paid vacation pay in accordance with the

above entitlement on gross earnings or on gross salary for work performed, as

- 60 -

LAKER01C18.DOC

applicable. Equivalent years of service will be based on the casual part-time employee's seniority established under Article 10.02 and will be calculated on the basis that 1500 hours of part-time service shall equal one (1) year of full-time service and vice-versa.

16.06 A vacation request, which has been submitted by the employee and then

approved by the Employer, shall not be cancelled unless by mutual consent. 16.07 For the purpose of vacation entitlement, service for those employees whose

status is changed from part-time to full-time or vice versa, shall mean the combined service as a part-time and full-time employee employed by the Employer and accumulated on a continuous basis. For the purpose of this Article, 1500 hours of part-time service shall equal one (1) year of full-time service and vice versa.

16.08 Scheduling of vacations shall be in accordance with Article E. 16.09 A vacation request, which has been submitted by the employee and then

approved by the Employer, shall not normally be cancelled by the Employer without the consent of the employee.

ARTICLE 17 - HEALTH AND WELFARE BENEFITS (Article 17 applies to full-time employees only) 17.01 The Employer agrees, during the term of the Collective Agreement, to contribute

towards the premium coverage of participating eligible employees in the active employ of the Employer under the insurance plans set out below subject to their respective terms and conditions including any enrolment requirements:

(a) The Employer agrees to pay 100% of the billed premiums towards

coverage of eligible employees in the active employ of the Employer under the Ontario Health Insurance Plan.

(b) The Employer agrees to pay 100% of the billed premiums towards

coverage of eligible employees in the active employ of the Employer under the Sun Life Semi-Private Plan (which is comparable to the Blue Cross Plan) or comparable coverage with another carrier.

(c) The Hospital agrees to contribute 75% of the billed premiums towards

coverage of eligible employees in the active employ of the Hospital under the current provider of extended heathcare benefits plan (which is comparable to the existing Blue Cross Extended Health Care Benefits Plan) providing for $22.50 (single) and $35.00 (family) deductible, providing the balance of monthly premiums are paid by the employees through payroll deductions. In addition to the standard benefits, coverage will include hearing aids (maximum $700/person every thirty-six 36 months).

Vision care maximum $450 every twenty-four (24) months with the ability to use coverage for laser surgery; and Drug Formulary 3.

- 61 -

LAKER01C18.DOC

In addition to the above vision care shall include one eye exam per insured person every 24 months. Extended Health Care benefits include chiropractic, massage therapy and physiotherapy (maximum of $400/insured person annually for chiropractic, massage therapy and physiotherapy for each service).

Reimbursement for prescribed drugs covered by the plan will be based on

the cost of the lowest prices therapeutically equivalent of the generic version of the drug, unless there is a documented adverse reaction to the generic drug or unless the beneficiary’s doctor stipulates that the generic drug is not an alternative, in which case the reimbursement will be for the prescribed drug.

(d) The Employer agrees to contribute 100% of the billed premiums towards

coverage of eligible employees in the active employ of the Employer under H.O.O.G.L.I.P. or such other group life insurance plan currently in effect providing the balance of the monthly premiums are paid by the employees through payroll deductions. Such insurance shall include benefits for accidental death and dismemberment in the principal amount equal to the amount of the Group Life Insurance to which the employee is entitled.

(e) Hospitals of Ontario Voluntary Life Insurance Plan The Employer also agrees to make the Hospitals of Ontario Voluntary Life

Insurance Plan (HOOVLIP) available to the employees subject to the provisions of HOOVLIP at no cost to the Employer.

(f) Dental Effective September 7, 2016, the Hospital agrees to contribute 75% of the

billed premiums towards coverage of eligible employees in the active employ of the Hospital under the current provider #9 Dental Plan (which is comparable to the Blue Cross #9 Dental Plan) or comparable coverage with another carrier; based on the current ODA fee schedule and provide for recall oral examination to be covered once every nine (9) months (adults only); complete and partial dentures at 50/50 co-insurance to $1000 maximum per person annually; add Blue Cross Rider #4 – (Crowns, bridgework, implants and repairs to same) at 50/50 co-insurance to $ 2000 maximum per person annually; and orthodontics 50/50 co-insurance with $2000 maximum per insured lifetime providing the balance of the monthly premiums are paid by the employees through payroll deductions.

(g) For purposes of health and welfare benefits under Article 17.01, dependent coverage is available to the employee, to cover her or his same sex partner and their dependents, in accordance with the terms and conditions of the plans.

For those employees transferring from part-time to full-time, there will be

no waiting period for benefits, except as provided by the plan, if the part-time employee has over 450 hours worked. Where the employee has not

- 62 -

LAKER01C18.DOC

worked more than 450 hours, she or he will be given credit for those hours worked from date of hire.

Benefits Age 65 and Older Semi-private hospital insurance, extended health care benefits and dental

benefits will be extended to active full-time employees from the age of sixty-five (65), and up to the employee’s seventieth (70th) birthday, on the same cost share basis as applies to those employees under the age of sixty-five (65).

(h) i) The Hospital will provide to all employees who retire (including

disability retirements) on or after January 1, 2002 and have not yet reached age 65 and who are in receipt of the Hospital’s pension plan benefits, semi-private, extended health care and dental benefits on the same basis as is provided to active employees, as long as the retiree pays the Employer the full amount of the monthly premiums, in advance.

(Clarity Note: 17.01(h) i) above does not apply to employees who

retire on or after April 1, 2011).

i) The Hospital will provide to all employees who are 55-56 years of age who retire (including disability retirements) on or after April 1, 2011 and have not yet reached age 65 and who are in receipt of the Hospital’s pension plan benefits, semi-private, extended health care and dental benefits on the same basis as is provided to active employees, as long as the retiree pays the Employer the full amount of the monthly premium, in advance.

(i) The Hospital will provide to all full-time employees who reach age 57 and retire (including disability retirements) on or after April 1, 2011 and have not yet reached age 65 and who are in receipt of the Hospital’s pension plan benefits, semi-private, extended health care and dental benefits on the same basis as is provided to active employees as long as the retiree pays the Employer their share of the monthly premiums, in advance. The Hospital will contribute fifty percent (50%) of the billed premiums of these benefit plans.

The Hospital will contact employees who retired between April 1, 2011

and the effective date of the award at their last known address on record with the hospital, with a copy to the union, within 30 days of the date of the award to advise them of their entitlement to (i) above.

Such employees will have a period of 60 days from the date of the notice

to claim such entitlement and, if they fail to make a claim within the 60 day period, their claim will be deemed to be abandoned.

17.02 For newly hired employees, coverage as set out in Article 17.01 shall be effective

the first billing date in the month following the month in which the employee was first employed subject to any enrolment or other requirements of the Plan. In no instance shall the first billing date for an employee occur later than the first day of

- 63 -

LAKER01C18.DOC

the fourth full month following the month in which the newly-hired employee was first employed.

17.03 The Employer may substitute another carrier for any of the foregoing plans (other

than OHIP) provided that the level of benefits conferred thereby are not decreased. The Employer will advise the Union of any change in carrier or underwriter at least sixty (60) days prior to implementing a change in carrier. The Employer will provide the Union with a summary document outlining the differences, if any, between the levels of benefits provided by the existing and new carrier plans. When the Employer is made aware, the Employer will provide the Union with the full details of any changes made by an existing carrier to current plan provisions.

17.04 All present employees enrolled in the Employer's Pension Plan shall maintain

their enrolment in the Plan (Healthcare of Ontario Pension Plan or another Pension Plan) subject to its terms and conditions. New employees and employees employed but not yet eligible for membership in the Plan shall, as a condition of employment, enrol in the Plan when eligible in accordance with its terms and conditions.

17.05 The Employer shall continue to pay the premiums for benefit plans under Articles

17 and 12 for employees who are on paid leave of absence or on WSIB or at any time when salary is received, or as provided in Article 10.04. Such payment shall also continue while an employee is on sick leave (including the Employment Insurance Period) or on Long Term Disability to a maximum of 30 months from the time the absence commenced, or for retirees who are in receipt of Pension Permanent Disability Benefits to a maximum of 30 months from the time the absence commenced.

Employees who are on layoff may continue to participate in benefit plans, at their

request, provided they make arrangements for payment and provided also that the layoff does not exceed one year.

NOTE: For clarification, “retirees” includes employees who were on sick leave,

LTD or WSIB prior to receipt of Pension Permanent Disability Benefits. 17.06 (a) The Employer shall provide each employee with information booklets

outlining all of the current provisions in the benefits plans defined in Article 17.01 to Article 17.06 inclusive and the Sick Leave/LTD Plan defined in Article 12. Upon request, the Employer will make the Plans available to the Union for inspection.

(c) The Employer shall notify the Union of the name(s) of the carrier(s) which

provide the benefits plans defined in Article 17.01 to Article 17.06 inclusive and the LTD Plan defined in Article 12. The Employer shall also provide the Union with a copy of all current information booklets provided to the employees.

17.07 Employment Insurance Rebate The short-term sick leave plan shall be registered with the Employment

Insurance Commission (EIC). The employee’s share of the employer's Employment Insurance premium reduction will be retained by the Hospital

- 64 -

LAKER01C18.DOC

towards offsetting the cost of the benefit improvements contained in this agreement. The Employer shall indicate, annually, to the local Union how it has allocated the rebate.

17.08 The Employer agrees that part-time employees may pay, through payroll

deductions, for full premium costs of the ONA sponsored benefit program, provided that an individual Employer’s systems can accommodate this. The ONA sponsored benefit plan will provide the Employer with an administrative rebate, if any.

The Employer will make no payroll deductions for such benefits in months in

which the employee has insufficient earnings. In this circumstance, the employee is responsible for making the full payment to the ONA sponsored benefit plan.

The Union agrees to indemnify and save harmless the Employer against any

claims or liabilities arising or resulting from the operation of this Article. The parties agree to give the Employer appropriate time to establish the payroll deduction process. Once established the payroll deduction process for part-time benefits through the ONA sponsored program will be communicated to the Union and the part-time employees. The Employer will facilitate access to part-time employees by providing available benefit literature and other communications as appropriate.

ARTICLE 18 – MISCELLANEOUS 18.01 Copies of this Collective Agreement will be provided to each employee covered

by the Collective Agreement by the Union and sufficient copies will be provided to the Employer and the local Union, as requested. The cost of printing the Collective Agreement will be shared equally by the Employer and the local Union.

Such printing will be completed, and the collective agreement will be provided

within ninety (90) days of the date of the agreement or award. 18.02 Whenever the feminine pronoun is used in this Agreement, it includes the

masculine pronoun and vice-versa where the context so requires. Where the singular is used, it may also be deemed to mean plural and vice-versa.

18.03 It shall be the duty of each employee to notify the Employer promptly of any

change in address or any change in temporary residency. If an employee fails to do this, the Employer will not be responsible for failure of a notice sent by registered mail to reach such an employee. An employee shall notify the Employer of any change to her or his telephone number.

18.04 Medical examinations, re-examinations and any tests required under the Public

Hospitals Act will be provided by the Employer in compliance with the Regulations. The employee may choose her or his personal physician for all such examinations, except the pre-employment medical, unless the Employer has a specific objection to the physician selected.

- 65 -

LAKER01C18.DOC

18.05 Current provisions in Collective Agreements relating to the provision of x-rays, laboratory work, immunization injections, gamma globulin and other programs shall be continued.

18.06 Prior to effecting any changes in rules or policies which affect employees

covered by this Agreement, the Employer will discuss the changes with the Union and provide copies to the Union.

18.07 Influenza Vaccine The parties agree that influenza vaccinations may be beneficial for patient/clients

and employees. Upon a recommendation pertaining to a facility or a specifically designated area(s) thereof from the Medical Officer of Health or in compliance with applicable provincial legislation, the following rules will apply: (a) Employees shall, subject to the following, be required to be vaccinated for

influenza. (b) If the full cost of such medication is not covered by some other source,

the Employer will pay the full or incremental cost for the vaccine and will endeavour to offer vaccinations during an employee’s working hours. In addition, employees will be provided with information, including risks and side effects, regarding the vaccine.

(c) Employers recognize that employees have the right to refuse any

required vaccination. (d) If an employee refuses to take the vaccine required under this provision,

she or he may be placed on an unpaid leave of absence during any influenza outbreak in the Corporation until such time as the employee is cleared to return to work. If an employee is placed on unpaid leave, she or he can use banked lieu time or vacation credits in order to keep her or his pay whole.

(e) If an employee refuses to take the vaccine because it is medically contra-

indicated, and where a medical certificate is provided to this effect, she or he will be reassigned during the outbreak period, unless reassignment is not possible, in which case the employee will be paid. It is further understood and agreed that Article 18.04 applies in these circumstances. It is further agreed that any such reassignment will not adversely impact the scheduled hours of other employees.

(f) If an employee gets sick as a result of the vaccination, and applies for

WSIB, the Employer will not oppose the claim. (g) Notwithstanding the above, the Employer may offer the vaccine on a

voluntary basis to employees free of charge. (h) This clause shall be interpreted in a manner consistent with the Ontario

Human Rights Code.

- 66 -

LAKER01C18.DOC

ARTICLE 19 – COMPENSATION (a) Salary Schedule – Hourly Rates

The regular straight time hourly rates for full-time, regular part-time and casual part-time employees shall be as follows:

Social Worker – Bachelor of Social Work

April 1, 2015 April 1, 2016 April 1, 2017

Start $ 31.93 $ 32.38 $ 33.16

1 Year $ 33.67 $ 34.14 $ 34.62

2 Years $ 35.42 $ 35.92 $ 36.42

3 Years $ 37.19 $ 37.71 $ 38.24

4 Years $ 38.93 $ 39.48 $ 40.03

5 Years $ 40.66 $ 41.23 $ 41.81

Social Worker – Master of Social Work or Equivalent

April 1, 2015 April 1, 2016 April 1, 2017

Start $ 36.42 $ 36.93 $ 37.82

1 Year $ 38.42 $ 38.96 $ 39.51

2 Years $ 40.41 $ 40.98 $ 41.55

3 Years $ 42.42 $ 43.01 $ 43.61

4 Years $ 44.40 $ 45.02 $ 45.65

5 Years $ 46.39 $ 47.04 $ 47.70

Registered Respiratory Therapist

April 1, 2015 April 1, 2016 April 1, 2017

Start $ 30.03 $ 30.45 $ 31.19

1 Year $ 31.19 $ 31.63 $ 32.07

2 Years $ 32.50 $ 32.96 $ 33.42

3 Years $ 33.80 $ 34.27 $ 34.75

4 Years $ 35.09 $ 35.58 $ 36.08

5 Years $ 36.39 $ 36.90 $ 37.42

6 Years $ 37.68 $ 38.21 $ 38.74

7 Years $ 38.95 $ 39.50 $ 40.05

8 Years $ 41.54 $ 42.12 $ 42.71

Senior Registered Respiratory Therapist

April 1, 2015 April 1, 2016 April 1, 2017

Start $ 34.46 $ 34.94 $ 35.78

1 Year $ 35.81 $ 36.31 $ 36.82

2 Years $ 37.21 $ 37.73 $ 38.26

3 Years $ 38.54 $ 39.08 $ 39.63

4 Years $ 39.96 $ 40.52 $ 41.09

5 Years $ 41.28 $ 41.86 $ 42.45

6 Years $ 43.96 $ 44.58 $ 45.20

- 67 -

LAKER01C18.DOC

(Articles 19.01(b) and 19.01 (c) apply to part-time employees only)

(b) The hourly salary rates, inclusive of the percentage in lieu of fringe benefits in effect during the term of this Agreement for all regular and casual part-time employees shall be those calculated in accordance with the following formula:

Applicable straight time hourly rate + 14%. (c) The hourly salary rates payable to a regular or casual part-time employee

include compensation in lieu of all fringe benefits which are paid to full-time employees except those specifically provided to part-time employees in this Agreement. It is understood and agreed that holiday pay is included within the percentage in lieu of fringe benefits. It is further understood and agreed that pension is included within the percentage in lieu of fringe benefits. Notwithstanding the foregoing, all part-time employees may, on a voluntary basis, enrol in the Employer's Pension Plan when eligible in accordance with its terms and conditions. For part-time employees who are members of the Pension Plan, the percentage in lieu of fringe benefits is ten percent (10%).

It is understood and agreed that the part-time employee's hourly rate (or

straight time hourly rate) in this Agreement does not include the additional 10% or 14%, as applicable, which is paid in lieu of fringe benefits and accordingly the 10% or 14%, as applicable, add on payment in lieu of fringe benefits will not be included for the purpose of computing any premium or overtime payments.

19.02 An employee is required to present to the Chief Executive Officer or designate

within six (6) weeks of the start of the year (calendar year for Social Workers and March 1st for the RRT’s), or such other date as may be prescribed by the respective College, evidence that her or his certificate of Registration is in good standing and currently in effect. Such time will be extended for reasons where the College permits the employee’s Certificate of Registration to remain in effect. If the employee's Certificate of Registration is suspended by the College for non-payment of the annual fee, the employee will be placed on non-disciplinary suspension without pay. If the employee presents evidence that her or his Certificate of Registration has been reinstated, she or he shall be reinstated to her or his position effective upon presenting such evidence. Failure to provide evidence within 90 calendar days of the employee being placed on non-disciplinary suspension by the Employer will result in the employee being deemed to be no longer qualified and the employee shall be terminated from the employ of the Employer. Such termination shall not be the subject of a grievance or arbitration.

Note: If there is an allegation that this clause has not been interpreted in a

manner consistent with the Ontario Human Rights Code, it may be subject of a grievance or arbitration.

- 68 -

LAKER01C18.DOC

19.03 (a) An employee who is promoted to a higher rated classification within the bargaining unit will be placed on the level of the salary schedule of the higher rated classification so that the employee shall receive no less an increase in salary than the equivalent of one step in the salary range of the previous classification (provided that it does not exceed the salary range of the classification to which the employee has been promoted) and the employee shall retain her or his service review date for purposes of wage progression.

(b) Effective September 7, 2016, Where the Employer temporarily assigns a

Registered Staff Employee to carry out the assigned responsibilities of a higher classification (whether or not such classification is included in the bargaining unit) for a period of one (1) full tour or more, at times when the incumbent in any such classification would otherwise be working, the employee shall be paid a premium of one dollar and fifty cents ($1.50) per hour for such duty in addition to her or his regular salary. The Employer agrees that it will not make work assignments which will violate the purpose and intent of this provision.

(c) Group, Unit or Team Leader

Effective September 7, 2016, Whenever an employee is assigned additional responsibility to direct, supervise or oversee work of employees within her or his classification, and/or be assigned overall responsibility for patient care on the unit, ward, or area, for a tour of duty the employee shall be paid a premium of two dollars ($2.00) per hour in addition to his or her regular salary and applicable premium allowance

19.04 This Article applies to existing employees as well as new hires. Claim for recent related clinical experience, if any, shall be made in writing by the

employee at the time of hiring on the application for employment form or otherwise. Once established consistent with this provision, credit for recent related experience will be retroactive to the employee’s date of hire. The employee shall co-operate with the Employer by providing verification of previous experience so that her or his recent related clinical experience may be determined and evaluated during her or his probationary period. Having established the recent related clinical experience, the Employer will credit a new employee with one (1) annual service increment for each year of experience up to the maximum of the salary grid.

If a period of more than two (2) years has elapsed since the employee has

occupied a full-time or a part-time position, then the number of increments to be paid, if any, shall be at the discretion of the Employer. The Employer may also give effect to part-time experience in special circumstances.

19.05 (a) Each full-time employee will be advanced from her or his present level to the next level set out in the Salary Schedule, twelve (12) months after she or he was last advanced on her or his service review date. If a full-time employee's absence without pay from the Employer exceeds thirty (30) continuous calendar days during each twelve (12) month period, the employee's service review date will be extended by the length of such absence in excess of thirty (30) continuous calendar days.

- 69 -

LAKER01C18.DOC

(b) Each regular part-time and casual part-time employee will be advanced

from her or his present level on the salary schedule to the next level on the salary schedule after obtaining one year's service credit, calculated in accordance with the provisions of Article 10.03.

19.06 (a) A part-time employee whose status is altered to full-time in the same

position will assume her or his same level on the full-time grid. A full-time employee whose status is altered to part-time in the same position will assume her or his same level on the part-time grid. In addition, an employee who is so transferred will be given credit for service accumulated since the date of last advancement.

(b) A casual part-time employee whose status is altered to regular part-time

or vice versa in the same position will assume her or his same level on the grid. In addition, a casual part-time employee who is so transferred will be given credit for service accumulated since the date of last advancement.

19.07 (a) When a new classification in the bargaining unit is established by the

Employer or the Employer makes a substantial change in the job content of an existing classification which in reality causes such classification to become a new classification, the Employer shall advise the Union of such new or changed classification and the rate of pay established. The Employer will also provide the Union with any available information on the job posting, job profile, and salary scale of the classification. If requested, the Employer agrees to meet with the Union to permit it to make representations with respect to the appropriate rate of pay providing any such meeting shall not delay the implementation of the new classification. Where the Union challenges the rate established by the Employer and the matter is not resolved following any meeting with the Union, a grievance may be filed at Step No. 2 of the Grievance Procedure within seven (7) calendar days following any meeting. If the matter is not resolved in the Grievance Procedure, it may be referred to Arbitration in accordance with Article 7, it being understood that any Arbitration Board shall be limited to establishing an appropriate rate based on the relationship existing amongst other classifications within the Hospital and duties and responsibilities involved.

Any change in the rate established by the Employer either through

meetings with the Union or by a Board of Arbitration shall be made retroactive to the time at which the new or changed classification was first filled.

(b) If an employee becomes disabled with the result that she or he is unable

to carry out the regular functions of her or his position, the Employer may establish a special classification and salary with the hope of providing an opportunity for continued employment.

19.08 Retroactivity will be paid on the basis of hours paid within four full pay periods (approximately 8 weeks) of the date of ratification. Retroactive pay will be paid on a separate cheque where the existing payroll system allows. Where the existing payroll system does not allow for such separate cheque, the Employer may pay

- 70 -

LAKER01C18.DOC

retroactivity as part of the regular pay. In such circumstances, the Employer undertakes that the rate of income tax on the retroactivity will not change unless the retroactive pay changes the employee’s annual tax bracket.

The Employer will contact former employees at their last known address on

record with the Employer, with a copy to the union, within 30 days of the date of ratification to advise them of their entitlement to retroactivity.

Such employees will have a period of 60 days from the date of the notice to claim

such retroactivity and, if they fail to make a claim within the 60 day period, their claim will be deemed to be abandoned.

ARTICLE 20 - JOB SHARING 20.01 Job sharing is defined as an arrangement whereby two or more employees share

the hours of work of what would otherwise be one full-time position. If the Employer and the Union agree to a job sharing arrangement, the

introduction or discontinuance of such job sharing arrangements will be determined locally.

Once the Employer has determined that a vacancy exists and the Employer and

the Union have agreed to a job sharing arrangement, the vacancy or vacancies to be posted will be determined locally and filled in accordance with Article 10.06 and Article I.

The employees involved in a job sharing arrangement will be classified as regular

part-time and will be covered by the provisions of this agreement applicable to part-time employees.

ARTICLE 21 – DURATION 21.01 This Agreement shall continue in effect until March 31, 2018 and shall remain in

effect from year to year thereafter unless either party gives the other party written notice of termination or desire to amend the Agreement.

21.02 Notice that amendments are required or that either party desires to terminate this

Agreement may only be given within a period of ninety (90) days prior to the expiration date of this Agreement or to any anniversary of such expiration date.

21.03 If notice of amendment or termination is given by either party, the other party

agrees to meet for the purpose of negotiation within thirty (30) days after the giving of notice, if requested to do so.

21.04 Notwithstanding the foregoing provisions, in the event the parties to this

Agreement agree to negotiate for its renewal through the process of central bargaining, the Participating Hospitals and the Ontario Nurses’ Association will meet to determine the procedures to be followed.

DATED AT Ontario, this day of , 2017

- 71 -

FOR THE EMPLOYER

;7JWJ!r FOR THE UNION

'4~ 1-A!!O Labour R a ns Officer

~ rtllli:;

LAKER01 C18.DOC

- 72 -

LAKER01C18.DOC

APPENDIX 1

GRIEVANCE REPORT

- 73 -

LAKER01C18.DOC

APPENDIX 2

ONA/HOSPITAL PROFESSIONAL RESPONSIBILITYWORKLOAD REPORT FORM

Article 19 – Professional Responsibility provides a problem solving process for employees to address concerns relative to patient care. These issues include but are not limited to: gaps in continuity of care, balance of staff mix, access to contingency staff and appropriate number of nursing staff. This report form provides a tool for documentation to facilitate discussion and to promote a problem solving approach.

SECTION 1: GENERAL INFORMATION

Name(s) of Employee(s) Reporting (Please Print)

Employer: Unit//Area/Program:

Date of Occurrence: Click to enter date Time

:

7.5 hr. shift 11.25 hr. shift Other:

Date/ Click to enter date

Name of Supervisor/Charge Nurse: Time notified:

SECTION 2: WORKING CONDITIONS

In order to effectively resolve workload issues, please provide details about the working conditions at the time of occurrence by providing the following information:

Regular Staffing #: RN RPN Unit Clerk Service Support

Actual Staffing #: RN RPN Unit Clerk Service Support

Agency/Registry RN: Yes No How many?

Novice RN Staff on duty* Yes No How many?

RN Staff Overtime: Yes No If yes, how many staff?

*as defined by your unit/area/program.

If there was a shortage of staff at the time of the occurrence, (including support staff) please check one or all of the following that apply:

Absence/Emergency Leave Sick Call(s) Vacancies Off unit

Management Support available on site? Yes No

SECTION 3: PATIENT CARE FACTORS CONTRIBUTING TO THE OCCURRENCE

Please check off the factor(s) you believe contributed to the workload issue and provide details:

- 74 -

LAKER01C18.DOC

Change in patient acuity.

Normal number of beds on unit Beds closed Beds opened during tour

Patient census at time of occurrence

# of Admissions # of Discharges # of Transfers

Lack of/or equipment/malfunctioning equipment. Please specify:

Visitors/Family Members. Please specify:

Number of patients on infectious precautions

Over Capacity Protocol. Please specify:

Resources/Supplies

Interdepartmental Challenges

System Issues

Exceptional Patient Factors (i.e. significant time and attention required to meet patient expectations). Please specify:

Other: (e.g. Non-nursing duties, student supervision, mentorship, etc.) Please specify:

SECTION 4: DETAILS OF OCCURRENCE

Provide a concise summary of the occurrence and how it impacted patient care:

Provide identify the Nursing Standard(s)/Practice Guidelines or hospital/unit policies that are believed to be at risk:

Is this an: Isolated incident? Ongoing problem? (Check one)

SECTION 5: REMEDY

(A) At the time the workload issue occurs, discuss the issue within the unit/area/program to develop strategies to meet patient care needs. Provide details of how it was or was not resolved:

(B) Failing resolution at the time of the occurrence, seek immediate assistance from an individual(s) who has responsibility for timely resolution of workload issues. Discussion details including name of individual(s):

Was it resolved? Yes No

SECTION 6: RECOMMENDATIONS

- 75 -

LAKER01C18.DOC

Please check-off one or all of the areas below you believe should be addressed in order to prevent similar occurrences:

Inservice Orientation Review employee/patient ratio

Change unit lay-out Float/casual pool Review policies & procedures

Change Start/Stop times of shift(s). Please specify:

Review Workload Measurement Statistics

Perform Workload Measurement Audit

Adjust RN staffing Adjust support staffing

Replace sick calls, vacation, paid holidays, other absences

Equipment. Please specify:

Other:

SECTION 7: EMPLOYEE SIGNATURES

Signature:

Date:

Click to enter date

Phone #:

Personal e-mail:

Signature:

Date:

Click to enter date

Phone #:

Personal e-mail:

Signature:

Date:

Click to enter date

Phone #:

Personal e-mail:

Signature:

Date:

Click to enter date

Phone #:

Personal e-mail:

Date Submitted: Click to enter date Submitted to (Manager name):

SECTION 8: MANAGEMENT COMMENTS

The manager (or designate) will provide a written response to the employees within 10 days of receipt of the form with a copy to the Bargaining Unit President as per Article 8.01 (a) iv). Please provide any information/ comments in response to this report, including any actions taken to remedy the situation, where applicable.

Management Signature: Date: Click to enter date

Date response to the employer: Click to enter date Date response to the union: Click to enter date

SECTION 9: RECOMMENDATIONS OF HOSPITAL-ASSOCIATION COMMITTEE

The Hospital-Association Committee recommends the following in order to prevent similar occurrences:

- 76 -

LAKER01C18.DOC

Click to enter date

Dated:

Copies: (1) Manager

(2) ONA Rep

(3) Chief Nursing Executive (or designate)

(4) ONA Member

(5) ONA LRO

- 77 -

LAKER01C18.DOC

LETTER OF UNDERSTANDING Between:

LAKERIDGE HEALTH (Social Work & Registered Respiratory Therapists)

(hereinafter referred to as the “Employer") And:

ONTARIO NURSES' ASSOCIATION (hereinafter referred to as the “Union”)

Re: Grievance Commissioner System

This is to confirm the discussion of the parties during collective bargaining that they are committed to encouraging early discussion and resolution of labour relations issues at the local level and seek to resolve grievances in a timely and cost efficient manner. To that end, this is to confirm that pursuant to Article 7, the parties agree that the Employer and Union at individual hospitals may agree to utilize the following process in order to resolve a particular grievance through the utilization of a joint mediation-arbitration procedure:

1. The Employer and Union may mutually agree in writing to invoke the Grievance Commissioner process outlined in this letter rather than proceed to arbitration as set out in Article 7.07(a) of this collective agreement for an individual, group or policy/union grievance.

2. The Grievance Commissioner shall have the same powers and be subject to the same limitations as a Board of Arbitration hereunder, save and except as expressly provided herein.

3. The roster of potential Grievance Commissioners for an individual hospital shall be mutually agreed upon by the Employer and Union.

4. A Grievance Commissioner (where more than one, acting in rotation) will set aside such time as may be requested by the Employer and Union.

5. The location of any such hearing shall be agreed upon by the local parties.

6. The parties shall provide the Grievance Commissioner with a Statement of Facts Agreed and Not Agreed. In addition they shall provide the Grievance Commissioner and each other with brief written representations on which they intend to rely provided that such are emailed not less than ten (10) days before the commencement of the hearings of the Grievance Commissioner. This information will include the grievance and the Employer’s response.

7. The purpose of the hearing is to clarify issues and/or facts in dispute. At the hearing the parties may make such further representations or adduce such evidence as the Grievance Commissioner may permit or require but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.

- 78 -

LAKER01C18.DOC

8. The parties acknowledge that this is an expedited form of a med-arb process whereby the Grievance Commissioner, based on the evidence and representations provided by the parties during the med-arb session, will decide the grievance. The parties agree that no witnesses will be called throughout this process, except as required by the Grievance Commissioner. The Grievance Commissioner must render his/her written decision, without reasons, to both parties within ten (10) working days of the conclusion of the hearing.

9. If it becomes clear at any point during the process that due to exceptional circumstances the grievance is too complex for the Grievance Commissioner process, the parties may jointly agree to revert to traditional arbitration pursuant to Article 7 of the collective agreement.

10. The decision of the Grievance Commissioner shall only be applicable to the case in question and shall not constitute a precedent nor be used by either party as a precedent in future cases.

11. Notwithstanding anything contained herein, the decision of the Grievance Commissioner shall be in accordance with Article 7.13.

12. The Union and Employer shall each be responsible for one-half (½) of the expenses (including any off-site location of the hearing) and fees payable to the Grievance Commissioner.

13. If any member of the Grievance Commissioner roster agreed to by the parties under paragraph number 3 who, having been requested in turn to act as the Grievance Commissioner, is unable or unwilling to act, he/she shall not again be requested to act as a Grievance Commissioner until his/her name comes up again on the regular rotation of the roster.

14. The parties agree that the Grievance Commissioner can serve as a mediator/arbitrator for more than one grievance on a single day.

The parties agree that nothing in this letter prevents the parties at a Hospital from mutually agreeing to mediation for any other grievances pursuant to Article 7.07(b).

- 79 -

LAKER01C18.DOC

LETTER OF UNDERSTANDING

Between:

LAKERIDGE HEALTH (Social Work & Registered Respiratory Therapists)

(hereinafter referred to as the “Employer") And:

ONTARIO NURSES' ASSOCIATION (hereinafter referred to as the “Union”)

Re: Expedited Ltd Dispute Resolution Process This is to confirm the discussion of the parties during collective bargaining surrounding disputes involving the application of LTD benefits. The expeditious and fair resolution of these issues is the ultimate goal of both parties. To this end where appropriate and agreed, the parties may choose to handle such disputes in an alternate way, on a case-by-case basis. This process is intended to provide complete medical evidence to a single qualified medical professional (Medical Adjudicator) for the sole purpose of determining the issue of eligibility of LTD benefits. All other issues between the parties (including the job profile or physical demands analysis) must be previously agreed. Due to the complexities of LTD issues and the resources that are often applied to determine such cases, it is expressly agreed that this Letter can only be triggered jointly by the parties. The parties agree that the Employer and the Union may agree to utilize the following process in order to resolve a particular LTD grievance: 1. Provided there is written consent of the grievor, the Employer and Union may mutually

agree in writing to invoke the process outlined in this letter rather than proceed to arbitration as set out in Article 7 of the collective agreement for a grievance regarding the entitlement to LTD benefits. This process can only be triggered once the grievance has been processed to arbitration. Upon invoking this process the grievance shall be considered held in abeyance.

2. The Medical Adjudicator will be appointed by a joint notice from both parties. Each party shall provide to the Medical Adjudicator, and to each other, copies of all relevant existing medical evidence at the time of the joint appointment. Throughout the process the confidentiality of medical information shall be maintained. The Medical Adjudicator will be allowed access to any treating physicians as she/he sees fit. If the parties are unable to agree to the relevance of existing medical evidence, the Medical Adjudicator shall make a determination on the issue.

3. If the Medical Adjudicator determines that an independent medical assessment (IMA) is necessary to determine the issue, he/she must first obtain the consent of the parties. If such consent is received and the IMA is ultimately accepted in whole or part by the Medical Adjudicator, the IMA shall be provided to both parties at the same time as the decision of the Medical Adjudicator. The IMA shall be kept confidential and shall not be used (without the express written consent of the grievor) in any other proceeding

- 80 -

LAKER01C18.DOC

including any related grievance by the grievor. The parties agree that the IMA and the relevant medical evidence provided to the Medical Adjudicator is the totality of the medical evidence to be provided to the Medical Adjudicator and no further information shall be given to her/him absent consent of both parties.

4. The Medical Adjudicator shall provide her/his determination within 30 days of receiving their notice of appointment by the parties with brief reasons. This time may only be extended by mutual agreement of the parties in writing.

5. If the issue becomes more complicated than originally anticipated or if it becomes clear at any point during the process that the issue/grievance given to the Medical Adjudicator is too complex for the Medical Adjudication process, or for other reasons, the parties may jointly agree to revert to the arbitration process pursuant to Article 7 of the collective agreement with the grievance at the arbitration stage. Should the parties revert to arbitration in accordance with this paragraph, the timelines set out in the agreement are applicable, however the time spent in this process will not count against time limits as prescribed in Article 7.

6. If the Medical Adjudicator fails to meet the deadline and no written extension is granted, or she/he is unable to reach a decision, the Union or Employer may proceed to have the matter addressed through the arbitration provisions of the collective agreement and this paragraph. Should the Union or Employer revert to arbitration in accordance with this paragraph, they shall advise the other party in writing at which point the timelines set out in the agreement are applicable, however the time spent in this process will not count against time limits as prescribed in Article 7.

7. The decision of the Medical Adjudicator shall be final and binding as if a decision of an arbitrator, only be applicable to the grievance in question and shall not constitute a precedent nor be used by either party as a precedent in future cases.

8. The Medical Adjudicator shall remain seized to deal with issues of clarity that may arise as a result of her/his decision.

9. The parties shall be equally responsible for all costs (on a 50/50 cost-share basis) associated with the Medical Adjudicator.

10. The parties agree that nothing in this letter prevents the parties from mutually agreeing to mediation for any other grievances pursuant to Article 7.07(b).

- 81 -

LAKER01C18.DOC

LETTER OF UNDERSTANDING Between:

LAKERIDGE HEALTH (Social Work & Registered Respiratory Therapists)

(hereinafter referred to as the “Employer") And:

ONTARIO NURSES' ASSOCIATION (hereinafter referred to as the “Union”)

Re: OHA Early Retiree Dental Benefits The OHA will communicate to hospitals their obligation to inform active employees upon reaching age 58 of the OHA – Sponsored Early Retiree Dental Benefits Program and provide an updated communiqué to the Hospitals identifying the Early Retiree Dental Benefit and related costs.

- 82 -

LAKER01C18.DOC

LOCAL ISSUES Between:

LAKERIDGE HEALTH (Social Work & Registered Respiratory Therapists)

(hereinafter referred to as the “Employer") And:

ONTARIO NURSES' ASSOCIATION (hereinafter referred to as the “Union")

Expiry Date: March 31, 2018

- 83 -

LAKER01C18.DOC

ARTICLE A – RECOGNITION A.01 The employer recognizes the Union as the exclusive bargaining agent of all

Social Workers and Registered Respiratory Therapists employed by or administered by the Lakeridge Health in the Region of Durham save and except co-ordinators and clinical leaders and persons above the rank of co-ordinators and clinical leader, and employees in bargaining units for which any trade union held bargaining rights as of December 1, 2000.

ARTICLE B - MANAGEMENT RIGHTS B.01 These rights shall be exercised in a manner consistent with quality patient/client

care and with the provisions of this agreement. Subject only to the provisions of this Agreement, the Union acknowledges that it is the exclusive function of the Employer to:

(a) Maintain order, discipline and efficiency;

(b) Hire, discharge, direct, transfer, classify, promote, demote or discipline employees, provided that a claim of discriminatory classification, promotion, demotion or transfer, or a claim that an employee has been discharged, suspended or disciplined without just cause, may be subject to a grievance and be dealt with as provided herein;

(c) Administer and manage all the affairs of the Employer; and

(d) Make and enforce and alter from time to time reasonable rules and regulations to be observed by the employees and discussed with the Union in accordance with Article 18.06.

ARTICLE C - UNION SECURITY All Union committee members and representatives are elected or appointed by the bargaining unit. C.01 The Union interview period as provided for in Article 5.06 will be scheduled

during the employee's orientation period, at a mutually agreeable time. C.02 Negotiating Committee - Corporate Not more than three (3) employees representing both full-time and part-time for

all sites. C.03 Grievance Committee Not more than four (4) employees representing both full-time and part-time at any

one meeting. C.04 Labour Management Committee Up to four (4) representatives of each of the parties. The number of Employer

representatives shall not normally exceed the number of Union representatives.

- 84 -

LAKER01C18.DOC

C.05 Union Leave - Corporate Such leaves will be requested with as much advance notice as possible and shall

not interfere with the efficient operation of the Employer. The Bargaining Unit President will be provided with one (1) days’ (7.5hrs) paid union leave per month to be taken at a mutually agreeable time.

C.06 Redeployment Committee The Employer will recognize a Redeployment Committee whose function shall be

to identify possible options to layoffs and/or methods of reducing the impact of layoffs. Representatives of the committee will meet with all affected employees individually whenever a layoff or other reduction in staffing is to occur. The Committee will outline the various options available to each individual employee in accordance with the Collective Agreement.

The Committee shall be comprised of equal numbers of representatives of the

Employer and the Union. A Union member of the committee shall not suffer any loss of wages when

attending such meetings of the Committee. Where a Committee meeting is held on a Committee member’s day off, such Committee member will be paid at his or her regular straight time hourly rate for all time spent attending the meeting.

C.07 The Bargaining-Unit President or designate of the Union shall also be appointed

a seat on the Professional Practice Council. C.08 A list of all representatives of the Union will be posted electronically on WAVE. C.09 The Bargaining-Unit President may request to work a permanent day shift

provided that the schedule may be adjusted to accommodate the needs of the unit.

C.10 Scheduling Committee The Committee will be comprised of no less than two (2) Union and one (1)

Employer Representatives. The Union representatives shall be appointed by the Union. It is understood that the final approval of a schedule is the responsibility of the manager and not the mandate of this committee.

Purpose:

(a) To act in an advisory capacity and assist in resolution of scheduling concerns;

(b) To assist with unit schedules/Christmas time; (c) To review all new master schedules and approve compliance with the

Collective Agreement; (d) To improve the job satisfaction for Registered Respiratory Therapists and

Social Workers.

- 85 -

LAKER01C18.DOC

C.11 The Employer agrees to provide: (a) Computer access and access to e-mail for the Bargaining Unit President

if requested when available; (b) Locked office space for the Bargaining Unit President if available spaces

for a locked file cabinet;

(c) Voice mail for Bargaining Unit President and Site Vice-Presidents through a separate extension and access to e-mail where this is possible. Use of e-mail will be in accordance with Employer policy.

(d) The Bargaining Unit President will be paid the corporate mileage rate

when required by the Employer to travel between sites for meetings with the Employer.

C.12 To enhance Professional Development, the Employer will endeavour to provide

two (2) paid education days, per member, per year. Requests for education days will not be unreasonably denied. Staff attending such paid education days will be required to share their key learnings with their co-workers in a manner to be mutually agreed with Management.

ARTICLE D - SCHEDULING D.01 (a) Master Schedules

i) Master rotation schedules will be developed by the Employer jointly with Employees from all units and reviewed by the scheduling committee as per C.10.

ii) New master schedules will be introduced onto a unit when

the requirements of D.08 have been met and when it has been determined to meet the needs of the unit.

iii) When changes to the Master Schedule are required the Employer

shall present a minimum of two (2) options to the members on the affected unit for a vote. The schedule receiving the majority of votes will be implemented.

iv) In instances of voting, where two(2) part time employees share a

full- time position in a job sharing arrangement, the regular part- time employees in the job sharing arrangement will be entitled to one (1) vote.

v) It is understood that existing staff on a unit may exercise their

seniority in requesting a change to a vacant line on the rotation. Changes shall be documented on an EIF by the Manager.

(b) Master Rotation Schedules shall be posted four (4) weeks in advance and

shall cover a six (6) week period.

- 86 -

LAKER01C18.DOC

Units that only work Monday to Friday on day shift are not required to post Master Schedules.

(c) Requests for specific shifts, days off or other scheduling requests shall be made in writing at least six (6) weeks prior to the posting of the master schedules. Once a master schedule is posted, other scheduling changes should be requested in writing two (2) weeks prior to the date in question whenever possible. Requests with shorter notice may be considered. Such requests shall not be unreasonably denied.

(d) There will be no split shifts. (e) All Unit Master Schedules will be filed for review of the scheduling

committee once every twelve (12) months and will be posted on the appropriate unit.

D.02 Shift Work

(a) The first shift of the day shall be the day shift. (b) An employee will not be scheduled to work more than two (2) shifts

(days/evenings or days/nights) but may mutually agree otherwise. (c) Notwithstanding the above, an employee may request to work a

permanent evening or night shift. Such requests may be granted, but only for such period as is practicable.

(d) Day shift is when the majority of hours fall between 0700 to 1500 hours. (e) Evening shift is when the majority of hours fall between 1500 to 2300

hours. (f) Night shift is when the majority of hours fall between 2300 to 0700 hours. (g) The employer can post a position that is for a permanent shift and/or a

combination of evenings/night. (h) Full time employees who rotate through different shifts shall work a

minimum of 50% on the day shift. However, where this is not possible, it will be referred to the Labour Management Committee for resolution.

(i) An employee will not be scheduled to change shift more than once per

week unless otherwise agreed to.

D.03 Full-time and Part-time (a) Not more than seven (7) consecutive days of work will be scheduled

without the employee's consent. Where the employer requires an employee to work an eighth consecutive shift, premium shall be paid for the eighth and subsequent consecutive shift(s) until a day off has been scheduled. (7.5 hr shifts only).

- 87 -

LAKER01C18.DOC

(b) In any two (2) week period within the schedule, at least two (2) consecutive days off will be scheduled. Split days off will be kept to a minimum. (7.5 hr & extended tours).

(c) There shall be no less than sixteen (16) hours (two shifts) off between

shift changes or this will trigger premium payments as per Article 13 & 14. (shifts 7.5 hours or less only).

(d) There shall be a minimum of forty-eight (48) hours off following the night

shift rotation, unless mutually agreed. (7.5 hr & extended tours). (e) A mutual change of a scheduled shift shall be requested in writing by an

employee and co-signed by a suitable exchange employee and submitted for approval by the Employer. The exchange of shifts between employees shall not result in overtime or other additional compensation not otherwise payable. The Employer shall not be held liable for any violation of the collective agreement arising out of the mutual exchange of shifts between employees. (7.5 hr & extended tours).

(f) The employer shall endeavour to schedule continuing education and in-

service to employees on all shifts. (7.5 hr & extended tours). (g) Where an employee chooses equivalent time off (as per Article 14.09),

such time off must be taken within ninety (90) days of the accumulation. These will be scheduled days off at a mutually agreed time between the employee and the Employer. If not taken, the lieu time owing will be paid out to the employee at premium time as per Article 14.03. (7.5 hr & extended tours).

(h) Where the situation arises wherein an employee has missed overtime

and/or an additional shift opportunity, the Parties agree that all efforts will be made to affect a remedy-in-kind resolution.

(i) The current practice with respect to a rest period during each half shift will

be continued.

D.04 Weekends (7.5 hr Shifts) (a) A weekend shall be Saturday and Sunday plus at least one (1) shift off at

the start or end of the weekend (56 consecutive hours).

(b) At least three (3) weekends off in six (6) will normally be scheduled. If an employee is required to work a third consecutive and subsequent weekend, she will receive premium payment as defined in Article 14 for all hours worked on that weekend for hours between 2300 hours Friday to 2300 hours Sunday* and subsequent weekends, until a weekend is scheduled off, save and except where:

i) Such weekend has been worked by an employee to satisfy specific days off requested by such employee; or

ii) Such employee has requested weekend work only; or

- 88 -

LAKER01C18.DOC

iii) Such weekend is worked as a result of an exchange of shifts with another employee.

Notwithstanding the first sentence of this paragraph, the weekend for all employees assigned to the night shift shall commence Friday night.

D.05 Christmas Scheduling

(a) An employee will be scheduled off work for not less than five (5) consecutive days* either at the Christmas or New Year's Season except where employees are not normally required to work on weekends and paid holidays. (* five (5) days for extended tours.)

(b) Scheduled, consecutive days off at Christmas will include the 24th, 25th

and the 26th of December; consecutive days off at New Year's will include the 31st of December and the 1st of January. Consideration will be given to the employees in each area as to which of these two holidays they prefer off.

(c) No employee will be scheduled to work both holidays unless requested by

the employee. (d) No employee will be scheduled to work two Christmas' or New Year's

consecutively unless requested by the employee. (e) The normal scheduling conditions may be waived** to accommodate the

special scheduling arrangements between December 15 and January 10. ** Clarity Note: The waiving of the normal scheduling conditions must be

reasonable and can be subject to a grievance. D.06 (a) Regular Part-time Commitment

Regular part time employees must be available for prescheduled work on the following basis:

i) To be available to work if required fifty-two (52) weeks per year

minus their individual vacation entitlement and approved leave of absence;

ii) To regularly rotate on at least two (2) shifts and work extended

tours as required where extended tours are established; iii) To be prescheduled for work if required for forty-five (45) hours

per pay period (six 7.5 hour tours or 4 extended tours or any other combination);

iv) To be available to work Christmas or New Year’s as per Article

D.05; v) To be prescheduled as required to work fifty (50) percent of the

remaining paid holidays except when the unit does not work paid holidays; and

- 89 -

LAKER01C18.DOC

vi) To be prescheduled as required to work fifty (50) percent of the weekends except when the unit does not work weekends

vii) Notwithstanding (iii) above, the Employer may post a reduced part-

time commitment position with a commitment of less than forty-five (45) hours per pay period. It is agreed and understood that the remaining provisions of D.06 (a) remain in effect. The number of reduced commitment positions shall not exceed thirty percent (30%) of the total regular part-time (not including job share) complement.

viii) Regular part- time employees will not be required to work their full

commitment in any pay period where a week of vacation is scheduled, unless mutually agreed.

(b) Casual Part-time

i) Casual employees will declare on a biweekly basis, their

availability for work on specified days for the next two (2) week period.

ii) A casual part time employee who declares them self available for

work shall notify the employer as soon as a change in circumstances becomes known.

(c) Part-time Scheduling – Before the Schedule Has Been Posted

i) All available prescheduled shifts shall be scheduled equitably up

to their commitment among the regular part time employees in each unit over a posted schedule. The employer will endeavour to schedule the commitment in each pay period.

If after equitable scheduling there remains an uneven distribution

of shifts and commitment has not been met, the remaining shifts will be scheduled by seniority.

ii) When all regular part time employees including job sharers have

been scheduled to their commitment, all remaining available shifts will be offered equitably by seniority and availability prior to the schedule being posted.

N.B. For example, if three (3) shifts remain, the most senior part

time staff will receive one shift, the next senior the next shift and so on until all remaining shifts have been distributed or commitment has been met.

- 90 -

LAKER01C18.DOC

(d) Scheduling - After the Schedule Has Been Posted Prior to Commitment

i) If employees have not been scheduled up to their commitment,

then additional tours shall be offered singularly, first to the most senior regular part time employee not scheduled up to their commitment and in descending order of seniority.

After Commitment ii) When all regular part time employees including job sharers have

reached their commitment, additional tours will be offered in the following order of priority:

NOTE: Only those employees who have indicated their availability need to be contacted.

A) Regular part time employees including job sharers by seniority, up

to 75 hours per pay period; * By seniority shall mean that the most senior available regular

part-time employee shall be assigned additional shifts before a more junior employee is called.

B) Casual part time staff on the basis of seniority; C) Employees from whom premium (1.5x) rates would apply. D) Cancelled shifts will be in reverse order. E) A tour will be deemed to be offered whenever a call is placed; F) It is understood that a reasonable period of time will be provided

to the employee to respond to the message left with respect to an offer of a tour;

G) Failure to make contact with an employee will result in the offer of

the extra tour being made to the next senior employee able to perform the duties who has indicated her/his availability. Conversely, an attempt to contact for the purposes of shift cancellation will occur in reverse order of seniority;

H) It is understood that the employer will not be required to offer tours

which would result in overtime premium pay; I) When an employee accepts an additional tour, she/he must report

for that tour unless arrangements satisfactory to the employer are made.

- 91 -

LAKER01C18.DOC

(e) All regular and casual part time employees can make themselves available for casual shifts at other sites and/or units if qualified to perform the work.

(f) In the event that an employee is unable to exchange their shift, it is

understood that the responsibility for that shift is that of the employee originally scheduled for the shift.

D.07 Part-Time Four-Hour Tours Where four (4) hour shifts exist, the following will apply:

(a) A part-time employee will not be scheduled solely for four-hour tours unless mutually agreed otherwise.

(b) Four-hour shifts will consist of 3.75 hours plus a fifteen (15) minute paid

break in accordance with Article 13.01 (b). (c) The Employer will endeavour to keep the number of four (4) hour shifts to

a minimum. (d) There shall be an equitable distribution of scheduled tours among those

part-time employees, who make themselves available, in each unit. (e) For employees working tours of duty of less than 7.5 hours, no more than

seven (7) four-hour shifts in a row shall be scheduled before a day off is scheduled. If the employee is required to work an eighth (8th) consecutive and subsequent tour then she/he will receive premium pay for each tour worked until a day off is scheduled.

D.08 Commencement and Discontinuance of Extended Tours

(10 & 12 Hour Tours)

(a) Extended tours shall be introduced into any unit when:

i) Eighty percent (80%) of the employees in the unit so indicate by secret ballot; and any proposed master schedule shall be posted on the unit prior to the vote occurring, and,

ii) The Employer agrees to implement the extended tour week. Such

agreement shall not be withheld in an unreasonable or arbitrary manner.

iii) An initial test period shall run for six (6) months after which the

employees will indicate by an eighty percent (80%) vote, by secret ballot, their willingness to continue with the agreement of the Unit Director.

- 92 -

LAKER01C18.DOC

(b) Extended tours may be discontinued in any unit when:

i) Fifty one percent (51%) of the employees in the unit so indicate by

secret ballot; or ii) The Employer because of:

A) adverse effects on patient care, or

B) inability to provide a workable staffing schedule, or

C) where the employer wishes to do so for other reasons which are neither unreasonable nor arbitrary, and states its intention to discontinue the extended tours schedule.

(c) When notice of discontinuation is given by either party in accordance with

paragraph (b) above, then:

i) The parties shall meet within two (2) weeks of the giving of notice to review the request for discontinuation; and

ii) Where it is determined that the extended tours will be

discontinued, affected employees shall be given sixty (60) days' notice before the schedules are so amended.

(d) In units of less than ten (10) employees a seventy-five percent (75%) and

fifty percent (50%) rule will apply. D.09 Scheduling Provisions for 12-hr Tours The following scheduling provisions shall apply to all employees working

extended 12-hour tours:

(a) A regular twelve (12) hour tour shall be 11.25 consecutive hours in any twenty-four hour period exclusive of a forty-five (45) minute unpaid meal period. The employee shall be entitled to paid relief periods during the tour for forty-five (45) minutes

(b) Not more than three (3) consecutive extended tours shall be scheduled.

When the Employer requires an employee to work a fourth (4th) consecutive shift, premium pay shall be paid for the fourth (4th) and subsequent consecutive shifts until a day off has been scheduled.

Note: The twelve (12) hour schedule that requires a DDNN rotation once

every six (6) weeks is excluded from the above premium payment requirement.

(c) The Employer will provide at least two (2) weekends off in four (4). If an employee works a third consecutive and subsequent weekend(s),

she will receive premium payment as defined in Article 14 for all hours worked on that weekend and subsequent weekends, until a weekend is scheduled off,, save and except where:

- 93 -

LAKER01C18.DOC

i) Such weekend has been worked by an employee to satisfy specific days off requested by such employee; or

ii) Such employee has requested weekend work only; or

iii) Such weekend is worked as a result of an exchange with another employee.

(d) At least twelve-(12) hours' time off will be scheduled between shifts, and

at least forty-eight hours post night shift unless mutually agreed otherwise. Failure to do so will result in premium pay for the shift.

(e) A weekend is defined as a minimum of fifty-six (56) hours commencing at

the completion of the Friday day shift. (f) The Employer will not schedule split shifts. (g) An employee may not be required to change tours of duty more than once

a week, unless mutually agreed upon otherwise. (h) When less than eighty percent (80%) of the staff in a particular unit vote

as outlined in Article D.10 in favour of extended tours by secret ballot, the Union may approach the Employer and ask them to consider the implementation of the combination of extended tour and short tours in a particular unit. The parties must meet to discuss the implementation of combination schedules.

i) Employees who work schedules where tours up to 7.5 hours each and

11.25 hours are combined, shall not work consecutive tours of more than: (a) Two (2) – 11.25 hour tours and two (2) tours up to 7.5 hour

tours each, (b) Three (3) tours up to 7.5 hours each and one (1) 11.25 hour tour, (c) Three (3) – 11.25 hour tours.

Should an employee work more consecutive tours than in (a), (b) or (c) above, she shall be paid in accordance with Article 14.03 for all hours worked on the next consecutive tour and subsequent tours until time off is scheduled.

D.10 Scheduling Provisions for 10-hr Tours The following scheduling provisions shall apply to all employees working

extended ten (10) hour tours:

(a) A regular ten hour tour shall be ten (10) consecutive hours in any twenty-four hour period, exclusive of a total of thirty-seven and one half (37.5) minutes of unpaid mealtime.

- 94 -

LAKER01C18.DOC

(b) Employees shall be entitled, subject to the exigencies of patient care, to paid relief periods during the tour of a total of thirty-seven and a half (37.5) minutes.

(c) The Employer will provide at least two (2) weekends off in four (4). If an employee is required to work a third consecutive and subsequent

weekend, she will receive premium payment as defined in Article 14 for all hours worked on that weekend for hours between 2300 hours Friday to 2300 hours Sunday and subsequent weekends, until a weekend is scheduled off, save and except where:

i) Such a weekend has been worked by an employee to satisfy specific days off requested by such employees; or

ii) Such employee has requested weekend work only; or

iii) Such weekend is worked as a result of an exchange with another employee.

(d) Employees shall not be scheduled to work more than four (4) consecutive

ten hour tours. Should an employee work more than four (4) consecutive ten (10) hour tours, she shall be paid in accordance with Article 14.03 for all hours worked on the fifth (5th) and ten (10) hour tours until time off is scheduled.

(e) Overtime is Subject to Article 14. For employees working ten (10) hour tours, overtime shall be paid at the

rate of time and one half (1-1/2) the employee's regular straight time hourly rate for all work performed in excess of ten (10) paid hours in a twenty-four (24) hour period.

D.11 Self-Scheduling

(a) Self-Scheduling may be introduced and/or discontinued into any unit for a specific period of time on the same basis as the introduction/ discontinuation of extended tours in accordance with D.08.

(b) Unit specific scheduling guidelines will reflect scheduling provisions in the

collective agreement and will be developed collaboratively by the Management and the employee subject to approval by the Employer and the Union.

(c) Self-scheduling is viewed by the Employer as scheduling by employees in

order to promote more flexible schedules that meet the needs of the employees and the patient care needs of the unit. Self-scheduling should not result in additional costs to the employer.

D.12 Scheduling Standby

(a) i) Standby/On call will be utilized in those units presently using such

measures. The Union will be notified of any units that are commencing standby/on call.

- 95 -

LAKER01C18.DOC

ii) Guidelines will be developed by each unit to determine the

appropriate utilization of on call staff. iii) Employee standby assignments shall be posted at the same time

as the tours of duty schedules. Employees shall be permitted to exchange their standby assignments with another qualified employee provided that such exchange does not result in a premium pay requirement which otherwise would not be payable.

iv) The Employer agrees that standby will be distributed on an

equitable basis among the qualified employees who normally perform the work and those who were hired with a requirement to provide standby coverage.

v) A full time employee except for those on units where weekend

work is not normally scheduled will not be scheduled for standby on a scheduled day off or weekend off unless mutually agreed between the employee and the Employer.

vi) The employee will not be scheduled for standby for more than two

(2) consecutive weekends, unless mutually agreed.

(b) An employee who is called in shall be paid in accordance with Article 14.06 and will be permitted leave with pay for that part of his/her next shift to allow a minimum of twelve (12) hours between the end of the overtime assignment and the commencement of work on the regularly scheduled shift.

(c) Should the employee not wish to work any remaining hours in the shift

referred to in Paragraph D.12 (b), she shall be granted time off without pay, or she may choose to use lieu time for those remaining hours, if mutually agreeable.

(d) Should an employee notify the In-Charge employee or the Unit Manager

that he or she wishes to be relieved after sixteen (16) hours of work, the Employer shall make every reasonable effort to relieve that employee from duty.

(e) An employee who is required to travel to the site or return to his or her

home, as a result of being called, shall receive paid transportation which shall be paid by the Employer, either by taxi or by the employee’s vehicle pursuant to Article 14.13 of the Collective Agreement.

(f) An employee assigned to standby shall not be assigned to take call for

more than five (5) consecutive days, unless mutually agreed. (g) Employees on standby will be provided with pagers.

D.13 When it is necessary to reassign staff from one unit to another, the reassignment

will first be offered on a voluntary basis, subject to maintaining operational requirements and provided the employee is qualified to perform the work in question. If there are no such volunteers, employees will be assigned in the

- 96 -

LAKER01C18.DOC

reverse order of seniority provided such employees are qualified to perform the work in question.

It is understood that part time employees will be assigned to float before full time employees.

D.14 Temporary Full Time Positions The Employer agrees that full time employees may apply for temporary full time

positions. If such a temporary full time position is to be filled, the usual selection criteria will be applied.

D.15 Special Circumstance Scheduling Any requests for Special Circumstance Scheduling, Article 13.05, shall be

submitted by the employee to their Unit Manager, with a copy to the Bargaining Unit President.

D.16 Unit Weekend Schedule

(a) Introduction

i) Unit Weekend Schedules may be introduced in accordance with the procedure outlined in Article D.08 (a).

(b) Discontinuation

i) Unit Weekend Schedules may be discontinued in accordance with the procedure outlined in Article D.08 (b) and (c).

ii) Should the Weekend Schedule be discontinued, every reasonable

effort shall be made to allow the employees in these positions to return to their previous positions and to revert to the previous master rotation.

(c) Filling of Unit Weekend Schedule Positions

i) When an individual employee makes a request for a Weekend Schedule, such request shall be made to the Director, or designate, with a copy to the Bargaining Unit President. If the request is feasible, has no negative impact on existing schedules and with the approval of the Director, or designate, such employee will be permitted to begin the Weekend Schedule without the necessity of a vote. The Director, or designate, approval shall not be unreasonably withheld.

ii) Provided the requirements of paragraph (a) have been met, those

positions required to accommodate a Unit Weekend Schedule will be posted on the Unit and filled by seniority from the full time employees on the Unit, who are qualified to perform the work in question. If the Weekend Schedule position to be filled is from a vacancy, it will be posted and filled in accordance with Article 10.07 (a). The relevant conditions of the Weekend Worker will be

- 97 -

LAKER01C18.DOC

documented on the Employee Information Form (EIF). The filling of such positions will not result in the layoff or loss of hours of work of any full time or regular part time employee.

iii) Employees holding Weekend Schedule positions who want to

relinquish their Weekend Schedule positions must provide at least sixty (60) days notice. Such positions will be posted in accordance with the preceding paragraph 2 and, if there are no successful applicants, the Weekend Schedule will be discontinued.

(d) Miscellaneous

i) Averaging of Hours The Employer, the Weekend Worker and the Bargaining Unit

President or designate will meet to determine the scheduling of the additional 7.5 hour tour per pay period, prior to commencing the Weekend Schedule. It is permissible for the Weekend Worker’s hours to be averaged over a six (6) week period. Accordingly, it is permissible for the Weekend Worker to work four (4) 11.25 hour tours over such six (6) week period rather than six (6) 7.5 hour tours.

ii) The Consecutive Weekend Language Does not apply. iii) Paid Holiday Bank and Vacation Bank Employees who fill the Weekend Schedule positions will be

allowed to carry over their paid holiday credits and their vacation bank credits accumulated at the time of their filling the Weekend Schedule positions.

D.17 DDNN – Extended Tour Schedule

(a) DDNN rotations are for employees working full-time lines only.

(b) The scheduling provisions contained in the collective agreement are applicable save and except as amended below:

(i) Employees will not be required to work more than four (4) shifts in

a row. If an employee works a fifth (5th) shift, the employee will receive premium pay. The employee will not receive premium payment if the fifth (5th) shift is requested by the employee as a required additional shift to maintain full-time hours.

(ii) Employees will not be scheduled to work more than three (3)

consecutive weekends. If an employee works a fourth (4th) weekend or a portion of a weekend, the employee will be paid premium as per the Collective Agreement, for all hours worked on that weekend, and subsequent weekends, until a weekend is scheduled off, unless the employee requests to work that

- 98 -

LAKER01C18.DOC

weekend shift to maintain full-time hours and to work their required additional shift(s).

(iii) All DDNN master schedules will be calculated to years end to

ensure the schedule provides 1950 hours in each calendar year. Employees must make themselves available to work their required additional shift(s) on all shifts. The scheduling of the required additional shifts will be scheduled to provide direct patient care, prior to the scheduling of regular part-time employees. The required additional shifts will be scheduled equally throughout the year and the number of required additional shifts will be determined by the employee in consultation with the Manager, by January 31st of each year. If the employee does not provide the required availability for these required additional shift(s), the Manager will have the ability to schedule these required additional shifts(s) equitably throughout the year.

(iv) Prior to formulating a DDNN master rotation for any unit the

parties must agree on all scheduling provisions specific to the DDNN rotation. The master rotation schedule will be developed based on the number of employees who indicate their willingness to work a DDNN rotation. The finalized master rotation must be agreed upon by the parties prior to being presented to the employees on the unit. Once the master rotation is finalized it will not be altered without the consent of the Union.

D.18 Premium Scheduling (a) The Employer shall not be required to assign any hours which may result

in overtime or scheduling premium payment (time and one-half or double time payment).

It is agreed that an employee’s availability for additional tours and/or

overtime does not waive the employees right to premium payment provided for under this agreement. It is also agreed that an employee’s availability does not constitute a request that waives a premium under the collective agreement.

(b) Overtime shifts will be scheduled in the following manner:

(i) Overtime shifts will be offered on a one shift at a time by seniority with the exception of weekend shifts starting with the senior qualified employee.

(iii) These shifts will be offered in the following order:

1. Full-time employees from that unit

2. Regular part-time employees from that unit

3. Job Share employees from that unit

4. Casual part-time employees from that unit

- 99 -

LAKER01C18.DOC

If no employees from that unit are available for the shift: 1. Full-time employees from other units

2. Regular part-time employees from other units

3. Job Share employees from other units

4. Casual part-time employees from other units

(c) It is agreed that once an employee has had an overtime shift scheduled

that this shift will not be cancelled due to another employees provision of late or additional availability for an overtime shift.

ARTICLE E – VACATIONS E.01 It is understood and agreed that the Employer will give every consideration to the

preference of time at which employees wish to take their vacations. Where conflict in vacation time arises in the work unit, seniority will be the deciding factor.

E.02 Vacation request schedules will be posted in each unit by January 15th of each

year.

(a) Each employee will request by March 15th her vacation preference for vacation falling between June 1st to September 30th. It is understood that prime months are July and August for summer vacation. The Employer will confirm vacations by April 15th. The most preferred 2-week period selected by the most senior employee of the group affected by the schedule will be considered first; then the request of the second most senior and so on, until the most preferred 2-week periods of all employees in the group have been considered.

(b) Requests for vacation and time off at Christmas/New Year’s will be

submitted by October 1st and the resultant schedule will be posted by November 1st.

(c) Requests for vacation at March break will be submitted by the previous

December 1st and the approval process will be completed by January 15th.

E.03 Requests for vacation at other times of the year will be requested with as much

notice as possible granted insofar as practical and will not be unreasonably denied. The employer will provide the response to such requests within fourteen (14) calendar days.

E.04 Where changes in scheduled vacations are permitted by the Employer, a senior

employee will not be permitted to bump a more junior employee whose vacation has been previously scheduled.

E.05 For vacations which commence on a Monday Employees shall be scheduled the

weekend off either before or after vacation of one or more weeks. The Employer

- 100 -

LAKER01C18.DOC

will endeavour to provide the weekend off prior to and the weekend following vacation, unless the Employee requests otherwise.

E.06 An employee may be permitted to accumulate up to one year's vacation

entitlement plus one week with approval of the department Manager. Should a maximum of one year's entitlement plus one week be exceeded the Employer may exercise discretion to schedule vacation time for the employee. The Employer will give consideration to requests for advanced, earned vacations and consecutive vacations.

E.07 An employee may request vacation starting on any day of the week. E.08 Prior to leaving on vacation, employees may request the date and time on which

to report for work following their vacation. This will not be changed while on vacation with the exception of shift cancellations.

E.09 A newly hired full-time employee may request to take accumulated vacation after

three (3) months' continuous service, provided that the probationary period has been completed.

E.10 Vacation pay for part time employees will be paid out each pay. ARTICLE F - PAID HOLIDAYS F.01 New Year’s Day (January 1) Civic Holiday Family Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day (December 25) Canada Day (July 1) Boxing Day (December 26) F.02 Full-time (a) An employee who is entitled to a lieu day as provided for in Articles 15.04

(a), (b) and 15.05 will have such day scheduled at a mutually agreeable time within thirty (30 days) prior to or sixty (60) days following the holiday.

(b) The Employer will make every effort to provide for the scheduling off of

employees on holidays, on as equitable basis as possible, having regard to the efficient operation of the Employer.

F.03 When an employee’s tour of duty falls within a paid holiday, referred to in

Article F.01, she will be paid pursuant to Article 15.05 for all the hours worked within the 24 hour period of the paid holiday.

F.04 Full and Part-time The Employer shall endeavour to schedule employees who are required to work

on a paid holiday, to be scheduled to work on the weekend attached to the paid holiday (if a Monday or Friday). If an employee is scheduled off on a paid holiday (if a Monday or Friday), then the Employer shall endeavour to schedule the attached weekend off also.

- 101 -

LAKER01C18.DOC

ARTICLE G - BULLETIN BOARDS G.01 (a) The Employer will provide bulletin boards upon which the Union shall

have the right, subject to the prior approval of the Director, Human Resources to post notice of meetings, general meeting minutes and such other notices as may be of interest to the employees.

(b) The location of these boards will be in high visibility areas, such as the

Cafeteria area, or employees' locker room, based upon mutual agreement and past practice at each site.

(c) The bulletin board located in a high visibility area will include a locked

Plexiglas-fronted notice box, with a key for the Union.

G.02 The Employer will establish a distribution list on email for ONA members exclusively. All new hires will be added to the distribution list within fourteen (14) days of hire.

The Employer shall provide, annually by January 15th a mailing list including current addresses and telephone numbers for ONA Members of this Bargaining Unit exclusively. Site specific lists will be provided to the site reps. Union members who do not want the Union to have this information shall notify the Employer of such in writing.

ARTICLE H – SENIORITY H.01 The seniority list will be revised at the beginning of April 1st and October 1st. The

Union shall be provided with the revised seniority lists in both April and October. Any errors or omissions will be discussed with the Employer at a meeting convened at a mutually convenient time not more than one (1) month after the list has been issued and corrections will be made within two (2) weeks of the meeting. Once any corrections have been made and an amended list posted, the seniority list will be deemed correct. The seniority list will contain the specific site, unit, and will list casuals separately.

It is recognized that there will be a need to revise the seniority list for the

purposes of layoff and staff redeployment. This provision does not apply to single shift layoffs.

ARTICLE I - JOB SHARING I.01 The following conditions shall apply:

(a) Job sharing requests with regard to full-time positions shall be considered on an individual basis.

(b) Total hours worked by the job sharers shall equal one (1) full-time

position. The division of these hours on the schedule shall be determined by mutual agreement between the two (2) employees and the appropriate Manager.

- 102 -

LAKER01C18.DOC

(c) The above schedules shall conform with the scheduling provisions of the Full-Time Collective Agreement.

(d) Each job sharer may exchange shifts with her partner, as well as with

other employees as provided by the Collective Agreement, however, shift exchanges with employees other than their partner should be kept to a minimum and the exchange must comply with Article D.03 (e).

(e) The job sharers involved will have the right to determine which partner

works on scheduled paid holidays and job sharers shall only be required to work the number of paid holidays would be that a full-time employee required to work.

(f) Coverage

i) It is expected that both job sharers will cover each other's

incidental absences. If, because of unavoidable circumstances, one cannot cover the other, the appropriate Manager must be notified to book coverage.

ii) Vacation, Maternity Leave, and other leaves pursuant to Article 11 In the event that one member of the job-sharing arrangement

goes on any of the above leaves of absence, the coverage will be negotiated with the appropriate Manager, but it is hoped that the remaining member of the position would be prepared to cover the leave of absence as much as possible.

(g) Implementation

Where the job-sharing arrangement arises out of the filling of a vacant

full- time position, both job-sharing positions will be posted and selection will be based on the criteria set out in the Collective Agreements.

(h) Any incumbent full-time employee wishing to share her position may do

so without having her half of the position posted. The other half of the job-sharing position will be posted and selection will be made on the criteria set out in the Collective Agreement.

(i) If one of the job sharers leaves the arrangement, her position will be

posted in accordance with the Collective Agreement. It is expected that the remaining job sharer will cover during the posting period and selection process. If there is no successful applicant to the position, the shared position must revert to a full-time position. The remaining employee will have the option of continuing the full-time position or reverting to a part-time position for which she is qualified. If she does not continue full-time, the position must be posted in accordance with the Collective Agreement.

(j) Discontinuation

Either party may discontinue the job-sharing arrangement with ninety (90)

days' notice. Upon receipt of such notice a meeting shall be held between the parties within fifteen (15) days to discuss the discontinuation. It is

- 103 -

LAKER01C18.DOC

understood and agreed that such discontinuation shall not be unreasonable or arbitrary.

In the event that the employer discontinues the Job Share arrangements

those employees currently working these arrangements will revert to Regular Part-time scheduling.

ARTICLE J - PREPAID LEAVE J.01 No more than one (1) employee from the bargaining unit may be absent on

prepaid leave at any one time. ARTICLE K – PARKING K.01 The parties agree that the Employer is responsible for establishing and resetting

parking rates. Increases to parking fees will not be implemented until the Union has been notified. The Union may opt to grieve an unjustified increase.

ARTICLE L - MODIFIED WORK AND HEALTH & SAFETY L.01 Early and Safe Return to Work

a) The Employer and the Union are committed to a consistent, fair approach to meeting the needs of disabled workers, to restoring them to work which is meaningful for them and valuable to the Employer, and to meeting the parties’ responsibility under the law.

To that end, the Employer and the Union agree to cooperate in facilitating the return to work of disabled employees. The Employer and the Union agree and are committed to ongoing and timely communication by all participants in the process.

The Union and Employer are committed to integrating accommodated workers back into the workplace and educating employees about the legal, personal, organizational aspects of returning disabled workers to work. It is understood that the occupational Health physician is not the treating physician for the disabled employee.

b) The Employer agrees to provide the employee and union with a copy of the WSIB Form 7 at the same time it is sent to the board.

L.02 Return to Work Committee (RTW)/ RTW Meetings

a) A Joint Return to Work Committee comprised of Union (Bargaining Unit President, Site Representatives) and Employer (Abilities Case Management Specialists ACMS, Human Resources Business Partners, and Manager of Occupational Health and Abilities) will meet at least once per month.

- 104 -

LAKER01C18.DOC

b) The Employer will provide an updated list of information to the RTW

Committee including all employees who are at any stage of WSIB, LTD, STD (more than 10 weeks), EI Sick Benefits, and those who requiring temporary or permanent accommodation.

c) The Bargaining Unit President, or in her absence one (1) Union

Representative if they attend return to work meetings on their day off will receive pay at straight time or time in lieu where possible for hours spent in return to work meetings. Such hours are invisible for the purposes of determining premium.

L.03 Accommodations

a) In creating RTW plans the Union and Employer agree that they will examine the disabled employee’s abilities and accommodation needs to determine if the employee can return to her:

i) Original unit/position with modifications to the work area and/or

equipment and/or the work arrangement, and/or hours, or if unable,

ii) Alternate positions within the same program, or if unable,

iii) Positions outside the program, or if unable,

iv) Positions outside the bargaining unit.

b) In creating a RTW plan the RTW committee will consider the employee’s

abilities and accommodation needs, and if unable to return to work in accordance with article (a) above, they will identify any positions in the Employer in which the employee may be accommodated.

L.04 Temporary Accommodations

For temporary modified work accommodation not lasting more than two (2) weeks, the manager and ACMS will consult with the disabled employee to create and recommend a return to work plan. It is understood that the member may request union representation. The RTW plan will be communicated to the employee, the manager and the Union.

L.05 Short Term Accommodations

A disabled employee who has obtained medical clearance from her treating practitioner to RTW will provide the ACMS with this documentation [including but not limited to Attending Practitioners Report or Functional Ability Form] including any restrictions and/or limitations. The employee will advise her manager that she wishes to RTW. The ACMS will consult with the employee, manager, and Union to develop and communicate the RTW plan.

L.06 Permanent Accommodations

- 105 -

LAKER01C18.DOC

a) An employee in need of permanent accommodation may be accommodated in a temporary or short term arrangement until a permanent arrangement is established. The Employer will advise the Union of offers of permanent accommodation. A trial period of no less than 30 days will be completed to evaluate the successfulness of the accommodation. In the event the accommodation placement is unsuccessful, the parties will meet to determine next steps. Once a position is deemed suitable by the parties, a permanent accommodation agreement is signed, and the employee will be removed from the list.

b) The parties recognize that there may be more than one employee

requiring permanent accommodation where the position meets their restrictions and/or limitations. In such cases the parties agree that in complying with articles L03, L04, L05, and L06 (a) above, they must first consider the skills, ability and experience of the employees. They may then balance additional factors, including but not limited to:

i) Ability to acquire skills ii) Seniority iii) Path of least disruption in the workplace

When more than one employee is deemed by the committee to be suitable for a particular position and the factors set out above are relatively equal, seniority shall govern.

L.07 Vacancies and Job Postings

a) Before posting, Occupational Health and Human Resources will examine all potential vacancies to determine if they can be used to accommodate an employee who cannot return to their home unit in accordance with article L03.

b) If a vacancy is identified as suitable for accommodation purposes,

Occupational Health and Human Resources may recommend holding the position in consultation with the RTW Committee to determine whether:

i) The unit can reasonably accommodate the employee considering

the number of accommodated employees, operational needs, safety of employees, and alternative resources.

ii) The posting of the position under the collective agreement may be waived.

iii) A position outside the bargaining unit is an appropriate position for

accommodating an employee.

c) The home position of an employee requiring permanent accommodation

may be posted under the following circumstances:

i) The employee is permanently accommodated in another position

- 106 -

LAKER01C18.DOC

ii) The weight of the medical evidence establishes that there is no reasonable prospect of a return to her original position in the foreseeable future.

d) The Employer may elect to fill the disabled employee’s home position on

a temporary basis, in accordance with article 10.07 (d) of the Central Collective Agreement. If it is determined that the disabled employee will not be returning to the position, it will be posted on a permanent basis in accordance with article 10.07 (a).

ARTICLE M – PAYCHEQUES M.01 If the Employer makes a pay error on the employee’s pay cheque of over one

hundred dollars ($100.00), upon the employees’ request, the Employer will reimburse the employee within two (2) business days by cheque.

ARTICLE N - PREGNANCY/PARENTAL LEAVE N.01 Employees shall be paid their supplemental unemployment insurance benefits in

accordance with Article 11.07(f) and 11.08(e) on the Employer's regular pay day. ARTICLE O - COLLECTIVE AGREEMENTS O.01 Copies of the collective agreement will be available for reference at each site. ARTICLE P - BCLS CERTIFICATE P.01 Payment for BCLS re-certification, where required by the Employer, will be for

time actually attended by the employee at the regular, straight time rate of pay. Evidence of certification/re-certification will be presented to the Employer by February 15th each year.

ARTICLE Q - SITE TRANSFERS Q.01 The Employer agrees that with future permanent moves from site to site they will

provide the Union with as much notice as reasonable. The employees will be orientated to any relevant differences between the sites.

Q.02 Employees shall have a designated home site which, for the purposes of filling

vacancies under Article 10, may be changed. Q.03 (a) The Employer may assign an employee, who does not regularly work at

more than one (1) site, to perform the duties of their classification at another site in instances where the Employer has at non-premium rates exhausted staffing resources at the other site. In doing so, the Employer agrees to first assign, on a seniority basis, those employees who have expressed willingness to work at another site, prior to assigning the junior qualified employee in the classification. Any employee assigned to

- 107 -

LAKER01C18.DOC

another site will be oriented to any relevant differences between the sites. The Employer shall not be unreasonable or arbitrary in assigning an employee to a site other than their home site.

(b) The Employer agrees to provide employees notice of the reassignment as

far in advance as possible. (c) In addition to the entitlements in Q.04, the Employer agrees to provide

access to parking for employees using their own vehicles for travel to the other site.

(d) It is understood that where an employee is, under the terms above,

assigned to another site, they shall be entitled to the provisions of Q.04(a)(b) below.

Q.04 After commencing her shift and where the employee is requested by the

employer to go to another location to perform the duties of her classification:

(a) The Employer will provide the method of transportation and the travel time between locations; or

(b) The employee who uses her own vehicle will receive travel time and

mileage between the locations from the employer at the rate of thirty-five (35) cents per kilometer or at the corporation rate, whichever is higher.

ARTICLE R – MISCELLANEOUS R.01 There will be food available for the night staff through the cafeteria or vending

machines where feasible. R.02 Notification to Unsuccessful Job Applicants The parties agree that any unsuccessful candidate for an ONA job posting who

has been interviewed will be notified, through email within one (1) week of the decision being made, and no later than the posting of the name of the successful candidate.

The parties further agree that the above notification will be copied to the ONA

Bargaining Unit President. R.03 The Employer agrees to notify the union of any posted position that has been

rescinded by the Employer in the preceding month. R.04 Within fourteen (14) days of receipt of a written request from the employee, the

Employer will provide the employee with a letter detailing her or his employment dates, length of service and experience at the Employer.

R.05 Effective January 1, 2015, requests for transfers, as per Article 10.07 (b), may

only be submitted electronically.

- 108-

ARTICLES- ELECTRONIC GRIEVANCE FORMS

8 .1

8 .2

8 .3

8.4

8 .5

8.6

The parties agree to use the electronic version of the (O.N.A. Grievance Form at Appendix 1 of the Hospital Central Agreement).

The parties agree that hard copies of the electronic form are valid for purposes of Article 7 of the Hospital Central Agreement.

Electronic grievances may be sent, via email , to the applicable manager and copied to Human Resources, or the identified designate

The electronic signature of the Union Executive representative or Labour Relations Officer will be accepted as the original signature.

The Union undertakes to get a copy of the electronic version signed by the griever.

The parties agree to not use or rely upon any preliminary arguments related to the use of the electronic version should a grievance proceed to mediation or arbitration.

DATED AT QS~a wQ Ontario, this .3 0-~"~o,. day of m Q ;-cJ-,.

FOR THE UNION

LAKER01C18.DOC

- 109 -

LAKER01C18.DOC

LETTER OF UNDERSTANDING Between:

LAKERIDGE HEALTH (Social Work & Registered Respiratory Therapists)

(hereinafter referred to as the “Employer") And:

ONTARIO NURSES' ASSOCIATION (hereinafter referred to as the “Union”)

RE: Introduction of Individualized Rotor for Oshawa Respiratory Therapists in

Respiratory Routine The Parties have agreed as follows:

1. The individualized rotations as noted above which were developed and implemented in early 2009 will be reviewed not later than March 2010 and each subsequent March.

2. Where individual lines do not meet the requirements of the collective agreement these

lines have been developed with the input and requests of the individuals working the lines. This is as per the language of Article 13.03.

3. Whenever it is determined that an employee must change their line and the change

places them in a line that is outside the parameters of the collective agreement scheduling language in Article “D” there must be agreement to work the line in question.

4. When a permanent vacancy is filled the successful candidate or new employee shall

have the option of accepting a line that violates the scheduling provisions of Article “D”.

5. Should the successful candidate or new employee not accept a line as noted in 4, above, the rotor shall be modified in order that the line in question and the corresponding least senior day line meets the collective agreement requirements under Article “D”.

6. When a temporary vacancy exists it is understood that the successful candidate will fill

the specified vacant line (Day or Night).

7. The scheduling provisions for 12 Hour Shifts as per Article D.09 still apply.

8. It is understood that the individual rotors introduced under this letter may be discontinued by either party with sixty (60) calendar days written notice.

Between:

And:

- 110 -

LETTER OF UNDERSTANDING

LAKERIDGE HEALTH (Social Work & Registered Respiratory Therapists)

(hereinafter referred to as the "Employer")

ONTARIO NURSES' ASSOCIATION (hereinafter referred to as the "Union")

RE: Training and In-Service Around Aggressive Violent Behaviour

The Employer and the Union agree that the potential for violence against employees by aggressive patients or visitors is a safety concern shared by both parties. Accordingly, the Employer agrees to continue its practice of offering training and in-service education as deemed appropriate by the Employer, whether it be in regard to management of aggressive behaviour or any other health and safety issue.

Fo-e Th-e, U~<o.J/o., .

LAKER01C18.DOC

- 111 -

LAKER01C18.DOC

LETTER OF UNDERSTANDING

Between:

LAKERIDGE HEALTH (Social Work & Registered Respiratory Therapists)

(hereinafter referred to as the “Employer") And:

ONTARIO NURSES' ASSOCIATION (hereinafter referred to as the “Union”)

Re: Assignment Changes For Social Workers The parties agree that during the life of the Collective Agreement that the Employer and the Union will meet to discuss options for assignment changes for Social Workers.